remain temporary, not permanent uses and subject to initial and annual ministerial approval under a Parklet Program. The project would not have a significant effect on the environment. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Monterey in accordance with CEQA Guidelines.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Facts. The City Council hereby finds that the foregoing Facts are true and correct and incorporates those Facts here by this reference.
SECTION 2. Revision to Pacific Grove Municipal Code Title 15 is to be amended as and shall read as described in Exhibit A attached hereto and incorporated by this reference.
SECTION 3. Severability. If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.
SECTION 4. Effective Date. In accord with Article 15 of the City Charter, this ordinance shall become effective on the thirtieth (30th) day following its adoption.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this 5th day of April, 2023, by the following vote:
AYES: ______________________________
NOES: ______________________________
ABSENT: ______________________________
APPROVED: _______________________________
BILL PEAKE, Mayor
ATTEST:
DATED:_______________________
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
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_______________________________
BRIAN A. PIERIK, City Attorney
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Title 15
STREETS AND SIDEWALKS1
Chapters:
15.01 Street Encroachments
15.01.010 Definitions
15.01.020 Encroachment permit required
15.01.030 Exceptions to permit requirement.
15.01.040 Right of lawful use by City and others.
15.01.050 Permit applications.
15.01.006 Liability and insurance.
15.01.070 Fees.
15.01.080 Agreement concerning continuing encroachments.
15.01.090 Duration of permit.
15.01.100 Commencement and conclusion of work.
15.01.110 Display of permit.
15.01.120 Inspections—Records—Corrective action.
15.01.130 Changes in permit.
15.01.140 Driveway approach permit—Conditions.
15.01.150 Safety provisions.
15.01.160 Standards, supervision and inspection.
15.01.170 Repair and restoration.
15.01.180 Relocation of encroachment.
15.01.190 Street cut notification.
15.01.200 Public access to facilities.
15.01.210 Street closure—When permission granted.
15.01.220 Coordination of work with other entities.
15.01.230 Pavement.
15.01.240 Prohibitions.
15.01.250 Monuments.
15.01.260 Appeal of denial of permit.
15.01.270 Findings on appeal.
15.01.280 Emergency suspension of permit.
15.01.290 Hearing on emergency suspension of permit.
15.01.300 Suspension or revocation of permit.
15.01.310 Hearing on suspension or revocation of permit.
15.01.320 Civil penalties and attorneys’ fees.
15.01.330 Administrative review.
15.01.340 Authority of Encroachment Officer and inspectors.
15.01.350 Penalties for violation.
15.01.360 Remedies cumulative.
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15.08 House Numbers
15.12 Cement Construction Removed as no longer applies
15.16 Sidewalks
15.16.010 Definitions
15.16.020 Sidewalk width, curb lines established
15.16.030 Repair procedure
15.16.040 Sidewalk encroachment
15.16.050 Sidewalk seating and sidewalk dining
15.16.060 Curbs – Address numbers.
15.20 Driveways
15.20.010 Permit to construct, maintain-required
15.20.020 Construction to conform to plans and specifications
15.20.030 Size for single, double-number per site
15.20.040 Distance from crosswalk.
15.20.050 Apron not to extend into street
15.20.060 Alteration to conform-Procedure-Lien
15.20.070 Exemption
15.24 Excavations
15.24.010 Permit required – Resurfacing.
15.26 Telecommunications Facilities in Public Rights-of-Way
15.26.010 Authority.
15.26.020 Purpose.
15.26.030 Scope.
15.26.040 Definitions.
15.26.050 Administration.
15.26.060 General standards for wireless telecommunications facilities in the right-of-way.
15.26.070 Application submission requirements.
15.26.080 Termination of permit/breach.
15.26.090 Vertical infrastructure controlled by city.
15.26.100 Nondiscrimination.
15.28 Utility Poles
15.28.010 Regulation of placement on Lighthouse Avenue.
15.29 Undergrounding Utilities
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15.29.010 Definitions.
15.29.020 Public hearing by council.
15.29.030 Designating districts by resolution.
15.29.040 Unlawful acts.
15.29.050 Exception for emergency or unusual circumstances.
15.29.060 Other exceptions.
15.29.070 Notice to property owners, utility companies.
15.29.080 Responsibility of utility companies.
15.29.090 Responsibility of property owners.
15.29.100 Responsibility of city.
15.29.110 Extension of time.
15.29.120 Enforcement.
15.30 Utility Encroachments in Public Rights-of-Way
15.30.010 Scope.
15.30.020 Administration.
15.40 Refuse and Storage Containers on City Streets
15.40.010 Definitions.
15.40.020 Permit required for storage container or refuse container on city street.
15.40.030 Permits for storage containers.
15.40.040 Permits for large refuse containers.
15.40.050 Permitted use with a valid building permit.
15.01 Street Encroachments
15.01.010 Definitions
(A) “City Engineer” means the City Engineer of the City of Pacific Grove, or his or her authorized representative.
(B) “Continuing encroachment” means an encroachment continuing for a period longer than one year.
(C) “Director of Public Works” means the Director of Public Works of the City of Pacific Grove, or his or her authorized representative. (D) “Emergency street cut” means any street cut by a utility to repair a facility within the right-of-way to remediate an immediate hazard or danger to life, health or property, as determined at the sole discretion of the City Director of Public Works.. (E) “Encroach” or “encroachment” includes going upon, over or under a right-ofway, or using a right-of-way or an area adjacent to a right-of-way in such a manner as to prevent, obstruct or interfere with the intended use of that way, or a modification of its mode of use, including but not limited to:
(1) Excavation or disturbance;
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(2) Erection, construction, placement, installation, repair, upgrade or maintenance of any physical improvement;
(3) Planting or maintaining any landscaping;
(4) Placement or maintenance of any waste material, except the placement of solid waste or recyclables in authorized receptacles for pick-up in accordance with Chapter 9-
12. (F) “Encroachment Officer” shall be those persons designated by the Director of Public Works to issue permits as provided herein or to enforce the provisions of this chapter.
(G) “Landscaping” means any tree, shrub, grass, groundcover, plant, solid landscape feature or growing thing.
(H) “Parklet” means the conversion of one or more parallel parking spaces or 3 – 4 angled spaces, that may vary according to the site, context, and desired character of the installation, and are subject to the review and approval of the City engineer under the Parklet Program adopted by the City Council.
(I) “Permittee” means any person that has been issued an encroachment permit pursuant to this chapter.
(J) “Physical improvement” means any post, sign, pole, fence, guard rail, wall, facility, pathway, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, conduit, cable, embankment or excavation.
(K) “Public street” means the portion of the public right-of-way of any road, street, lane or alley used by or for the general public for travel purposes, including sidewalks and areas between sidewalks and the vehicular travelway, whether or not those roads, streets, lanes and alleys have been accepted as and declared to be part of the City system of public streets, except streets forming a part of the State highway system or County roads or expressways.
(L) “Right-of-way” means land which by written instrument, usage or process of law is reserved for or dedicated to the public use for street, utility or highway purposes, or other transportation purposes.
(M) “Street cut” means the action or result, of opening, tearing up, excavating, removing or constructing in any portion of any roadway, street or thoroughfare, sidewalk, driveway, curb or gutter, or any other facility existing within the public right-ofway area for any purpose whatever within the jurisdiction of the City. (N) “Utility” means any entity constituting a public utility under State law authorized to use the public streets pursuant to City or State franchise. (O) “Waste material” means any rubbish, brush, earth or other material of any nature which is unused, unwanted or discarded.
15.01.020 Encroachment permit required
(A) Except as otherwise provided in Section 15.01.040, it is unlawful for any person to encroach or to make or to cause to be made any encroachment without first having obtained an encroachment permit from the Director of Public Works or the Building Official or their designee.
(B) Encroachment permits shall be issued by the Director of Public Works or designee upon such conditions the Director deems necessary to protect the public interest, health, safety or welfare.
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(C) All obligations, responsibilities and other requirements of the permittee as described in this chapter shall be binding on subsequent owners of the encroachment. (D) Any encroachment for which a permit is required and for which no permit has been issued pursuant to this chapter shall be deemed a public nuisance under Chapter 1.16 of this code.
15.01.030 Exceptions to permit requirement.
No encroachment permit shall be required for any of the following:
(A) Marquees, awnings and other projecting structures and building appendages over the right-of-way, which comply with the requirements of the Uniform Building Code for use of public streets and projections over public property, and are part of a building or structure which has been granted a valid building permit in accordance with the applicable provisions of this code;
(B) Any sign erected, constructed and maintained in compliance with this code; (C) The actions of any officer or employee of the City engaged in the discharge of official duties;
(D) The performance of work under contract to the City; (E) The placement or maintenance of newsracks in compliance with this code or state or federal law;
(F) The making of an emergency street cut by a utility to repair a broken or defective pipe, facility or conduit lawfully on or under a public street, or excavating by a utility as may be necessary for the preservation of life and property when an urgent necessity therefor arises when the offices of the City are closed. Any utility making such street cut shall apply for an emergency encroachment permit on the next City business day. The issuance of such permit shall be at the sole discretion of the Director of Public Works or designee, based on a determination as to whether the work was necessary to for the preservation of life or property and in compliance with this code. In the event that the City Engineer determines issuance of an emergency permit is unwarranted, the person or persons who performed, or caused to be performed, any such work shall be in violation of this chapter.
15.01.040 Right of lawful use by City and others.
(A) The City reserves all rights to approve and construct municipal improvements under or over facilities or portions of facilities constructed pursuant to encroachment permits.
(B) Any permit granted under this chapter shall be subject to the right of the City, or any other person entitled thereto, to use that part of the right-of-way for any purpose for which it may be lawfully used, and no part of the right-of-way shall be unduly obstructed at any time.
15.01.050 Permit applications.
(A) An application for a permit required by this chapter shall be made on a form prescribed by the Director of Public Works or designee. The application shall be signed by the contractor, property owner or other entity performing the work and shall include the following:
(1) The name, address and telephone number of the applicant; PGCC 3-22-23 ADJOURNED FROM 3-15-23
(2) The location, purpose, extent and nature of the proposed work; (3) The period of time when the proposed work will be performed; (4) A certificate of insurance for the applicant and contractor’s insurance carrier in a form satisfactory to the City;
(5) All other complete and descriptive information, including plans, specifications and analyses the City Engineer may require describing the work and its effect on the right-of-way, including the mode of operation, maintenance and use; (6) The written order or consent to work thereunder, where required by law, issued by the California Public Utilities Commission or any other public district, agency or body having jurisdiction;
(B) The application for a permit shall refer to, and incorporate by reference, all of the provisions of this chapter.
(C) A permit shall not be issued unless and until the order or consent required pursuant to subsection (A) is first obtained and filed with the Director of Public Works or designee. The permittee shall be knowledgeable and comply with all applicable federal, state and local laws, regulations and orders which may in any manner affect the permit.
The permittee shall insure that its agents, employees and contractors are at all times in compliance with all applicable laws, regulations and orders.
15.01.060 Liability and insurance.
(A) The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by: (1) work done by permittee under the permit, including work beyond the scope of the permit; (2) failure on permittee’s part to perform obligations under the permit in respect to maintenance; or (3) the existence of any permitted encroachment. If any claim of such liability is made against the City, its officers or employees, permittee shall defend, indemnify and hold them, and each of them, harmless from such claim and liability insofar as permitted by law. (B) Before a permit is issued, the applicant, or the contractor who is to perform the work, shall secure, at its expense, a policy of broad form commercial general liability insurance, on an “occurrence” basis issued by an insurer acceptable to the City. If the work to be performed involves any excavation, the policy shall include an endorsement that affords coverage for explosion, collapse and underground hazards. If the work to be performed involves vehicles or vehicular equipment, the insurance must cover any automobile for bodily injury and property damage. The policy shall by endorsement name the City and its officers, employees and agents as additional insureds and shall protect them from claims for personal injury, death or property damage suffered by third persons and arising out of the work performed pursuant to the permit or the manner of installation or construction. The insurance coverage afforded by this policy shall be primary. The policy shall include a cancellation clause requiring the issuing company or its authorized agent to provide a 30-day written notice of cancellation, suspension or modification, to the named certificate holder.
(C) The amount of liability insurance coverage shall be a minimum of $1,000,000 per occurrence and $2,000,000 aggregate or $1,000,000 aggregate if the policy separately applies to the permitted project.
(D) Workers’ Compensation shall be maintained to meet minimum state requirements.
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(E) A certificate or certificates of the insurance shall be filed with the Department of Public Works prior to commencement of any work. The insurance shall be in effect on the date that the work is commenced and shall be maintained in effect until the work has been completed and the work has been accepted by the Director of Public Works, pursuant to Section 13-04.110.
(F) The City Risk Manager may increase, decrease or waive the insurance limits set forth above in those cases in which he/she determines that special circumstances justify such an increase, decrease or waiver.
(G) An applicant seeking to do work himself or herself on the City street or in the public easement immediately adjacent to premises containing only one single-family dwelling or two authorized units, one of which is owned and occupied by the applicant, shall not be required to file with the City certificates evidencing general liability, property damage coverage, or workers’ compensation insurance
15.01.070 Fees.
(A) All fees required to be paid under the provisions of this chapter shall be established by resolution of the City Council, and may be subject to adjustment based on the nature, scope and duration of the proposed encroachment. (B) In addition to any fees required under this chapter, permittee shall be responsible for payment of any other fees that may be required under this code. (C) Unless waived in writing by the City Council, fees will be required of any public agency which is authorized by law to establish or maintain any works or facilities in, under or over any public street or right-of-way.
15.01.080 Agreement concerning continuing encroachments.
The issuance of an encroachment permit for a continuing encroachment shall, at the discretion of the Director of Public Works or designee, be contingent upon the execution between the City and the permit applicant, of an agreement providing for the use, operation and maintenance of the encroachment. The agreement shall contain specific conditions for the use, operation and maintenance of the encroachment, insurance and appropriate indemnification clauses to the benefit of the City. Any encroachment permit issued in conjunction with an agreement shall be valid only so long as the permittee is in compliance with the terms and conditions of that agreement.
15.01.090 Duration of permit.
(A) Each permit shall specify its duration and shall become null and void after the date so specified, or any written extension thereof, unless the permit is terminated sooner by discontinuance of the use or removal of the encroachment for which the permit was issued. Any extension shall require a written request and may be subject to the payment of additional fees and, in the event of a requested extension beyond one year from the date of initial issuance, a written agreement pursuant to Section 13-
04.090.
(B) A permit for a continuing encroachment shall be considered to be of the duration as specified in the agreement executed pursuant to Section 13-04.090, subject to the terms and provision therein.
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15.01.100 Commencement and conclusion of work.
(A) The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within 90 days from date of issuance, unless a different time period is stated in the permit. If the work is not timely begun, then the permit shall become void, unless a timely extension of time to commence work has been granted by the Director of Public Works in writing. Before beginning any work which involves or includes excavation, construction of concrete sidewalks, curbs, gutters or driveway approaches, or making, placing or causing an obstruction in the traveled way, the permittee shall notify the City Engineer.
(B) The permittee shall complete the work or use authorized by a permit issued pursuant to this chapter within the time specified in the permit and shall notify the Director of Public Works upon completion. No work shall be deemed to be complete, nor shall the work be operated or placed into service, without written authorization, notification of completion, or acceptance by the Director of Public Works. If at any time the Director of Public Works determines that the prosecution or completion of the work or use authorized is delayed due to lack of diligence on the part of the permittee, the permit may be canceled and the right-of-way restored to its former condition. The permittee shall reimburse the City for all expenses incurred by the City in restoring the right-of-way.
(C) The Director of Public Works may extend any time period if commencement or completion of the work for which the permit was issued was delayed because of inclement weather, strikes, an act of God or other causes not within the control of the permittee.
15.01.110 Display of permit.
(A) A copy of any permit issued pursuant to this chapter shall be kept at the site of any construction work pertaining to the encroachment and shall be shown to any authorized representative of the City on demand.
(B) An agreement or permit issued for continued use or maintenance of an encroachment involving the residence or place of business of the permittee may be kept at the residence or place of business, or otherwise safeguarded during the term of validity, and shall be made available to an authorized representative of the City within a reasonable time after demand therefor is made.
15.01.120 Inspections—Records—Corrective action.
(A) The Director of Public Works or designee may require the permittee to perform special inspections of and maintain records for certain facilities constructed in the rightof-way. The City also reserves the right to conduct periodic inspections throughout the construction phases of the project and to have access to any pertinent records of the permittee.
(B) Final inspection of construction may be conducted by the Director of Public Works or designee. At the Director of Public Works discretion, permittee may be required to be present. Permittee shall allow reasonable time for the City to prepare and provide a list of items requiring corrective action. Permittee shall undertake timely correction of all such items.
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(C) All persons owning underground facilities located in City shall keep current, adequate and complete maps and records of same. Such maps and records shall be made available to the City upon request.
15.01.130 Changes in permit.
(A) No changes may be made in the location, dimension, character or duration of the encroachment, its mode of operation, maintenance, or use as granted by the permit except upon written authorization of the Director of Public Works. All construction and use of materials must adhere to approved plans and specifications. The permittee shall coordinate all construction activities with the Director of Public Works. (B) No additional permit shall be required for the continuing use of encroachments installed by public utilities, provided that such continuing use conform to the conditions of the original encroachment permit and any later modifications to that permit, and further provided that permittee shall comply with the requirements of Section 13-04.090, including entering into a written agreement with the City.
15.01.140 Driveway approach permit—Conditions.
All persons constructing new buildings shall apply for encroachment permits for both restoration of the curb to its original condition, where old driveways are abandoned, as well as for the installation of a new driveway approach prior to the final acceptance of the building by the building Official of the City, as required in this code.
15.01.150 Safety provisions.
(A) Permittee shall at all times obey and enforce all applicable safety orders, rules and recommendations of the state Division of Industrial Safety and shall comply with all applicable state and local laws, ordinances, codes and regulations. (B) During construction, permittee shall immediately remedy all hazardous conditions or nuisances upon receipt of any notice from the City. The Director of Public Works may take any action necessary to remedy any hazardous condition or nuisance if there is insufficient time, under the circumstances, to first provide notice to permittee, or should permittee fail to take immediate and appropriate action upon receipt of notice from the City.
(C) Permittee shall provide, erect and maintain any lights, warning sign, signals, flares, patrols and other appropriate safeguards necessary to protect the public during the course of work or maintenance of an encroachment. Where the permit involves excavation, obstruction or similar work within the right-of-way, permittee shall place and maintain lights at 50 foot or lesser intervals, and at each end of the excavation or obstruction, from one-half hour before sunset to one-half hour after sunrise the following day for each day until the right-of-way has been made safe for use. Reflectorized warning signs conforming to the requirements of the Manual of Uniform Traffic Control Devices issued by the California Department of Transportation shall be placed at 200 and at 400 feet from each excavation or obstruction to provide adequate warning. (D) Warning signs, lights and other safety devices shall conform to the requirements of the California Vehicle Code and the Manual of Uniform Traffic Control PGCC 3-22-23 ADJOURNED FROM 3-15-23
Devices issued by the California Department of Transportation, or other recognized, applicable standards.
(E) The standards and requirements set forth in this chapter are intended to be the minimum required standards. The failure of the City to require any specific safety device or procedure shall not excuse permittee from complying with any other requirements or standards or to take reasonable, appropriate and prudent safety precautions indicated by the specific circumstances. At any time, the City may provide, erect, relocate or remove any safety device or measure as necessary or cancel the permit and restore the right-of way at the expense of the permittee.
15.01.160 Standards, supervision and inspection.
(A) All work done under a permit shall conform to the specifications and to the conditions of approval established by the City or, in the absence of established specifications, to recognized standards of design and construction and approved practices in connection with the work to be done. All work shall be done subject to the satisfaction and approval of the Director of Public Works. (B) If the work, use or encroachment authorized in the permit issued pursuant to this chapter interferes with the established drainage, the permittee shall provide for proper drainage as directed by the Director of Public Works. (C) Backfilling of an excavation shall be in accordance with the standard details and specifications of the City, or those other specifications required by the Director of Public Works for the particular project, both as to material and method. Backfill shall not be placed in any excavation without compaction of the material used therein, the degree and method thereof to be to the satisfaction of the Director of Public Works. (D) All operation, maintenance and repairs to a continuing encroachment shall conform to the conditions of approval of the underlying encroachment permit, to the terms of any applicable agreement with City, and to established and recognized standards of construction, design, operation and maintenance for the particular type of encroachment.
15.01.170 Repair and restoration.
(A) Upon completion of the project for which the permit was issued, or when required by the Director of Public Works, the permittee shall replace, repair or restore the public right-of-way to its prior condition unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, material or rubbish caused or placed upon the right-of-way under the permit, and shall do any other work or perform any act necessary to restore the public street to a safe and usable condition. (B) By the acceptance of the permit the permittee agrees to exercise reasonable care in inspecting and maintaining the area affected by the encroachment after completion of all work.
(C) The permittee shall immediately repair any injury, damage or nuisance, in any portion of the right-of-way, resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified by the Director of Public Works or can respond to notification, the City may at its option make PGCC 3-22-23 ADJOURNED FROM 3-15-23
the necessary repairs or replacements or perform the necessary work and the permittee shall be charged with all the expenses incurred in the performance of the work.
15.01.180 Relocation of encroachment.
(A) If any future construction, reconstruction or maintenance work by the City on the right-of-way necessitates the relocation, removal or abandonment of an encroachment, the permittee shall relocate, remove or abandon the encroachment at the permittee’s sole expense.
(B) When relocation is required, the Director of Public Works shall make written demand of the permittee that the encroachment be relocated within the right-of-way to a satisfactory location provided by the Director of Public Works, and shall designate a reasonable time for such relocation or removal. In determining what is a reasonable time under this section, the Director of Public Works shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the property to the owner, and other facts peculiar to the particular situation. If the permittee fails to comply with such instructions, the City may relocate or remove the encroachment at the expense of the permittee.
(C) The provisions of this section shall apply to all permittees, including public agencies and public utilities having authority to occupy public rights-of-way pursuant to a franchise or an express provision of state statute, unless in conflict with a franchise agreement with the City, or in conflict with a state statute applicable to a charter city.
15.01.190 Street cut notification.
When the encroachment involves a street cut, the permittee shall notify every public utility having facilities in the vicinity of the street cut regarding the issuance of the permit and its provisions. If a subsurface excavation is required, the permittee shall contact Underground Service Alert (USA) and have all utilities located and marked prior to commencement of any work. The permittee shall, upon uncovering any pipe or underground facility not previously located or anticipated, cease work immediately and notify the Director of Public Works. The permittee shall proceed with the work only after the proper utility has been notified and permission is granted by the Director of Public Works to proceed.
15.01.200 Public access to facilities.
(A) The permittee shall so plan the work as to cause the minimum of interference with traffic and inconvenience to the public and perform all street cut work in a neat and professional manner. Roadways and walks shall not be unnecessarily obstructed. At no time shall a public street be closed, or its function reduced or modified or the use thereof denied in whole or in part to the general public, without the written permission of the Director of Public Works. (B) The permittee shall provide free and unobstructed access to all mailboxes, fire hydrants, water gates, valves, manholes, drainage structures and other public service structures and property that may be required for emergency use. The permittee shall not remove such structures and property or relocate or manipulate them without proper coordination with the authorities responsible for their control and maintenance.
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15.01.210 Street closure—When permission granted.
Upon written application, the Director of Public Works may grant written permission to permittee to close or cause to be closed, for limited periods, City streets, driveways or areas not under control of the State or the County if in the opinion of the Director of Public Works the public interest can best be served thereby.
15.04.220 Coordination of work with other entities.
The permittee shall coordinate all street cut work with other entities working in the area so that public convenience is least impaired and to the satisfaction of the Director of Public Works. The permittee shall at all times notify the Police and Fire Departments of any and all obstructions and closures within the public right-of-way which might impair or prevent passage of an emergency vehicle
15.01.230 Pavement.
(A) The permittee shall be required to construct pavement, whether temporary or permanent, in accordance with the standard specifications of the City, unless otherwise specified on the permit.
(B) All construction work performed pursuant to a street cut encroachment permit shall be performed by contractors who have current and valid licenses issued by the state of California Contractor’s License Board, for the type of work being performed.
15.01.240 Prohibitions.
It is unlawful to do any of the following:
(A) Store materials used in connection with the work within five feet of a public street, or stockpile materials in the right-of-way, unless otherwise authorized by the City Engineer. Excess earth materials from trenching or other operations shall be removed from the pavement, travel way or shoulder as the trench is backfilled or other work carried forward unless otherwise approved by the City Engineer; (B) Plant any landscaping across any existing walkway in a sidewalk area or roadway shoulder;
(C) Erect or maintain a fence or similar structure in a right-of-way without a permit, except as provided in this chapter;
(D) Erect or maintain a fence or similar structure across any existing walkway in a sidewalk area or roadway shoulder;
(E) Permit or maintain any encroachment of any nature which impedes, obstructs or denies pedestrian or other lawful travel within the limits of a public street, or which impairs adequate sight distance for safe pedestrian or vehicular traffic; (F) Construct or maintain a freight loading platform upon or in the right-of-way.
15.01.250 Monuments.
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No person shall remove or disturb, or cause to be removed or disturbed any monument of granite, concrete, brass, iron or other material set for the purpose of locating or preserving the lines and/or elevation of any public street or right-of-way, property subdivision or precise survey or reference point without first obtaining permission from the Director of Public Works. Permission shall be subject to and in conformance with the requirements set forth in specifications established by the City Engineer. Replacement of removed or disturbed monuments will be at the expense of the permittee
15.01.260 Appeal of denial of permit.
Any person aggrieved by the denial of a permit required by this chapter may appeal to the Director of Public Works, by submitting a written appeal within 15 days of the date the application was denied. The Director of Public Works shall thereafter give written notice to the applicant of a hearing to be held within 30 days of receipt of the appeal.
The decision by the Director of Public Works on the appeal shall be final.
15.01.270 Findings on appeal.
The Director of Public Works shall grant the appeal and issue a permit, subject to any appropriate conditions, if all of the following findings are made:
(A) That the applicant will be substantially damaged by the refusal to grant the permit as requested;
(B) That no other reasonable method of obtaining the desired results is available except as proposed by applicant;
(C) That the granting of the permit will not be materially detrimental to the public interest, safety, health and welfare or injurious to other property; (D) That the project for which the permit is sought will not adversely affect the safety, capacity, or integrity of the City’s right-of-way; (E) That the applicant has substantially complied with the provisions of any prior permits issued to the applicant, and has paid or posted all required fees or bonds, and maintained all required insurance coverage;
(F) That the environmental effects are not significant; (G) That an additional maintenance cost to the City is not created by the encroachment;
(H) That the granting of the permit will not be materially detrimental to the rights, interests or revenues of the City
15.01.280 Emergency suspension of permit.
Whenever the Director of Public Works finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the Director of Public Works may immediately suspend any such permit pending a subsequent hearing for remedial action or revocation. The Director of Public Works shall, within three working days of the emergency suspension of the permit, notify the permittee of such suspension by written notice, personally served upon the permittee, or mailed by first class mail, postage prepaid, to the last known address of the permittee.
The permittee may, within 10 days after service of such a written notice of suspension, request a hearing before the Director of Public Works with regard to such emergency PGCC 3-22-23 ADJOURNED FROM 3-15-23
suspension. The Director of Public Works shall schedule a hearing on the suspension within 10 days of receipt of a request for hearing.
15.01.290 Hearing on emergency suspension of permit.
(A) If the Director of Public Works, after the hearing, finds that cause exists for remedial action, the director shall impose one or more of the following:
(1) A warning;
(2) An order to correct any particular noncompliance;
(3) A revocation of the encroachment permit;
(4) A continued suspension of the encroachment permit;
(5) A modification or reinstatement of the encroachment permit, with conditions. (B) The director shall, within 10 days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the director shall be final.
15.01.300 Suspension or revocation of permit.
Any permit issued pursuant to this chapter may be suspended or revoked upon recommendation of the Director of Public Works:
(A) The permittee has violated any provision of this chapter, or of any agreement entered into with the City related to the permit; or
(B) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or
(C) The encroachment for which the permit was granted adversely affects the safety, capacity or integrity of the City’s right-of-way; or (D) The encroachment is causing the City to incur substantial additional maintenance costs; or
(E) Material misrepresentations were made in the application for the permit.
15.01.310 Hearing on suspension or revocation of permit.
The Director of Public Works shall give the permittee at least 10 days’ written notice of a hearing before the Director of Public Works on the suspension or revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action, except as set forth in Section 13-04.330. The hearing shall be held within 30 days after service of written notice of the hearing. The decision of the Director of Public Works shall be final
15.01.320 Civil penalties and attorneys’ fees.
Any person who violates any provision of this chapter, or any provisions of any permit issued or agreement entered into pursuant to this chapter, shall be civilly liable to City in the sum not to exceed $1000.00 for each day in which such violation occurs. The City may petition the superior court to impose, assess and collect such sums pursuant to this chapter. The court, in any action brought by the City either for civil penalties, pursuant to this section, or for abatement of any encroachment which is a public nuisance, shall award to the City its reasonable costs and attorneys’ fees in bringing such action
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15.01.330 Administrative review.
In addition to any other remedies provided herein, violation of any provision of this chapter shall be subject to an administrative fine or penalty as provided under Chapter 1-30
15.01.340 Authority of Encroachment Officer and inspectors.
The Encroachment Officer and any inspectors acting on his/her behalf shall have authority to enforce any of the provisions set forth herein. In addition, for purposes of the Administrative Review of Ordinance Violations as provided in Chapter 1.16, the Encroachment Officer and any inspectors acting on his/her behalf shall be included within the definition of “Code Enforcement Officer” for purposes of issuing an administrative notice and order.
15.01.350 Penalties for violation.
Any person violating any provision of this chapter, or any permit issued pursuant to this chapter, shall be guilty of a misdemeanor and upon conviction shall be punishable as set forth in Chapter 1.16
15.01.36 Remedies cumulative.
The remedies provided for in this chapter shall be cumulative and not exclusive and shall be in addition to any and all other remedies available to the City.
15.08 House Numbers
15.08 House numbers required – Map – Assigning – Display. (a) Every house and building in the city shall bear a street number in accordance with the city’s house numbering map, on file in the office of the community development department.
(b) The street number of a new house or building shall be that assigned on the building permit for said house or building.
(c) Street numbers affixed to a location on a house or building less than 50 feet from the fronting roadway shall be a minimum of four inches in height. Street numbers so affixed 50 feet or more from the fronting roadway shall be a minimum of five inches in height.
Houses and buildings located more than 100 feet from the fronting roadway shall be approved by the Building Official or designee as to the location and position of posted addresses. All numbers shall have a minimum width of one-half-inch stroke. (d) The numbers shall have or be affixed upon a contrasting background and shall be clearly legible and visible from the roadway.
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(e) Street number signs exceeding either (1) two per address, or (2) one square foot per premises in commercial and industrial areas or 124 square inches in residential areas, shall require review pursuant to Chapter 20.04 PGMC.
(f) In the case of new construction, renovation or remodel, street numbers shall be posted from the first day of such new construction, renovation or remodel. (g) A violation of this section shall be an infraction, and may be prosecuted pursuant to Chapter 1.16 PGMC.
No longer applicable
15.16 Sidewalks
15.16.010 Definitions.
Except as otherwise provided, the following words shall have the meanings ascribed to them in this section:
“Curb line” means the established line to which the edge of curb nearest the center of the street shall be constructed.
“Encroachment” means any unmovable object that impedes the free flow of pedestrian traffic, and includes but is not limited to such things as walls, fences, hedges, trees, shrubbery or ground cover. “Encroachment” also means gravel, rocks, bark, wood chips or other loosely placed material susceptible to scattering beyond the area of initial placement.
“Gutters” means the portion of roadway adjacent to the curbs. “Retaining wall” means any structure placed for the purpose of retaining earth. “Roadway” means the portion of street between the curb lines. “Sidewalk” means the graded or paved portion of the sidewalk space, and also includes curbing, retaining walls or other works for the protection of the sidewalk space. “Sidewalk space” means the portion of street between the property line and the nearest curb line.
15.16.020 Sidewalk width, curb lines established.
The establishment of curb lines and the width of sidewalk space on all public streets shall be fixed by the city. Installation and maintenance of sidewalks shall be in accordance with Council Policy 700-4, “Sidewalk Development.
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15.16.030 Repair procedure.
Owners of property abutting sidewalks, or possessors of sidewalks, shall have the duty of maintaining the same and shall be subject to all of the liabilities and procedures prescribed by Chapter 22, Division 7, Part 3, commencing at Section 5600, of the Streets and Highways Code of the state of California. The Streets and Highways Code, Chapter 22, Maintenance of Sidewalks, provides that the owners of lots or portions of lots fronting any portion of the public street are responsible for maintaining sidewalks in a condition which will not interfere with the public convenience in their use. The city shall have all of the rights therein provided, including the right to lien and collection. No person except city employees, or persons under contract with the city, shall install or repair any curb, gutter, corner ramp, or sidewalk within or along any street in the city without having applied for and received an encroachment permit from the city. Utility encroachments shall also be subject to Chapter 15.30 PGMC. Application for any such permit will be made in writing on a form or forms supplied for that purpose by the city.
15.16.040 Sidewalk encroachment.
It is unlawful to construct, plant, or maintain any encroachment in a sidewalk space, except for city-sponsored amenities and activities, public utilities, mailboxes, bus shelters and benches, and except as permitted under PGMC 15.16.045.
15.16.050 Sidewalk seating and sidewalk dining.
The zoning administrator, after holding a duly noticed public hearing, shall have the authority to allow, deny, or condition placement of tables, chairs, benches, and other normally associated furniture to encroach on public sidewalks abutting eating establishments for sidewalk dining purposes within all commercial zoning districts, subject to the following restrictions and conditions:
(a) Tables, chairs, benches, umbrellas, waiter stands, barriers, tray stands, planters, trash receptacles, and other furniture normally associated with dining (collectively hereafter, for convenience, “furniture”) may be placed on the sidewalk but shall not be placed so as to obstruct the minimum unobstructed pedestrian travel width of the sidewalk defined as a minimum of five feet. All applicable Americans with Disabilities (ADA) requirement minimums shall be met. Sidewalk dining furniture placed on the sidewalk shall be of a consistent design and employ similar materials and colors as approved by the city to complement all other approved sidewalk furniture and fixtures, such as street lights and bicycle racks, throughout the city. (b) Furniture shall not be attached, drilled into, adhered to, chained to, or otherwise affixed to the sidewalk, tree, pole, or other furniture, or to any permanent structure or building.
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(c) Sidewalk dining furniture shall be placed immediately adjacent to and abutting the eating establishment and shall not be placed adjacent to the curb. Exceptions to this requirement may be made for self-serve seating (i.e., no table service). (d) Eating establishments serving alcohol shall delineate and separate the sidewalk dining area with a painted line on the sidewalk surface delineating the allowable area for the sidewalk dining establishment as defined below in subsection (h) of this section approved by the zoning administrator. Eating establishments that do not serve alcohol are not permitted to delineate the sidewalk dining area with a barrier in order to keep the appearance of an open sidewalk.
(e) The line shall be painted a color and width specified by the zoning administrator. (f) Eating establishments, and all others, are prohibited from making any modification to the public sidewalk. Minor patching of holes and cracks, and the elimination of trip and fall hazards, are to be referred to the public works department for modification. (g) Use of sound amplification on the exterior of an eating establishment is prohibited. (h) Sidewalk dining and associated furniture as listed in subsection (a) of this section is prohibited on any public sidewalk that is less than seven feet wide unless the storefront is set back from the back of sidewalk. Further, sidewalk dining and associated furniture shall not occupy more than 45 percent of the gross total width of any public sidewalk. (i) The eating establishment placing the furniture shall provide proof of public liability insurance, naming the city as an additional insured, in the amount and form subject to approval of the city attorney.
(j) Businesses placing furniture shall be responsible for keeping the furniture and immediately surrounding area clean and presentable at all times, and to this end shall promptly clean and remove all litter, spillage, and other materials. (k) Approved sidewalk dining permits allowing placement of furniture or associated furniture may be revoked by the zoning administrator at any time, for violation of any of these restrictions or conditions.
(l) Application for sidewalk dining and placement of furniture shall be made on a form provided by the community and economic development department. The zoning administrator may refer the application to any city department, commission or committee for a recommendation. The decision of the zoning administrator shall be subject to direct appeal to the planning commission in accord with PGMC 23.74.020(b) and 23.74.030.
(m) At least 10 days prior to the zoning administrator’s public hearing on the sidewalk dining permit, the property abutting the sidewalk location shall be posted with notice of the request for and pending decision on the permit. Two identical notices shall be PGCC 3-22-23 ADJOURNED FROM 3-15-23
posted on public property within 200 feet of the property site in positions clearly visible to the public.
(n) Sidewalk dining permits are interruptible and terminable licenses for use granted by the city. No property interest shall be conveyed to the eating establishment or to any other person. The city shall have the right and power, acting through the zoning administrator, to revoke, prohibit, or limit operation and use of a sidewalk dining permit at any time by reason of anticipated, threatened, or actual problems or conflicts in the use for the sidewalk area. Such circumstances may arise from, but are not limited to, changing patterns of sidewalk use, scheduled festivals or similar events, parades or marches, repairs to the street or sidewalk, or for any other reason. (o) Sidewalk dining furniture, equipment, and other amenities must be removed from the public sidewalk dining area for extended periods of eating establishment closure (two weeks or more). The city may require removal during special events, etc. The city shall have the right to unilaterally remove unapproved exterior furniture and/or equipment from the sidewalk dining space, and costs of removal shall be borne by the eating establishment.
(p) Sidewalk dining furniture, equipment, and other amenities shall be constructed of metal, unless an alternative material is approved in advance by the zoning administrator.
(q) Each eating establishment may use umbrellas provided each shall maintain the seven-foot minimum sidewalk clearance for the entire height of the umbrella. The base weight of the umbrella shall be of appropriate size and design to avoid tipping over in the wind. Freestanding gas heaters shall not be utilized where umbrellas are present, for fire safety. Umbrellas shall not bear commercial logos. (r) Each sidewalk dining permit shall require payment of two fees: (1) the general encroachment permit fee (a one-time fee for placing furniture on the public sidewalk); and (2) an annual sidewalk dining license fee associated with continued use of the public sidewalk. The city council shall set both fees by resolution in its master fee schedule.
(s) Applications for each sidewalk dining permit must submit:
(1) Description. A brief written description to include the name and address of the eating establishment, a description of the proposed sidewalk dining space, the number of tables and seats, whether the eating establishments intends to serve alcohol, and whether water credits or water allocations are needed for the proposed permit.
(2) Site Plan. A plan, drawn to scale, showing the proposed sidewalk dining space including all tables, seats, associated furniture, and barrier lines; the plan shall PGCC 3-22-23 ADJOURNED FROM 3-15-23
show all sidewalk clearance dimensions and elevations. Specifications shall be provided for any sidewalk heaters.
(3) Photos or Drawings. Color photos, renderings, and/or graphics shall show the setup, type of furniture, and materials to be used for all surfaces, including barrier lines or umbrellas.
(t) The zoning administrator is authorized to place or modify conditions under this section on sidewalk dining adjacent to eating establishments to promote public health and/or safety, or to address unique site factors that apply to a specific location. (u) Sidewalk dining permits and/or encroachment permits issued under this section do not afford an exclusive right for use by the eating establishment or its patrons. The general public may make reasonable temporary use of the area and furniture at that location provided this public use does not interfere with the sidewalk dining use.
15.16.060 Curbs – Address numbers.
An owner of property may affix the property’s address number to an abutting curb. (a) (b)
15.20 Driveways
15.20.010 Permit to construct, maintain – Required.
No person, firm or corporation shall construct or maintain, or cause to be constructed or maintained any driveway across any public sidewalk or curbing in the city of Pacific Grove without first obtaining a permit therefor from the city engineer.
15.20.020 Construction to conform to plans and specifications.
All construction of such driveways shall be done in a good and workmanlike manner and in conformity with the plans and specifications for such work on file in Community Development Department, and here referred to for further particulars.
15.20.030 Size for single, double – Number per site.
No driveway shall exceed 10 feet for a single driveway or 18 feet for a double driveway on streets 40 feet or more in width, and 12 feet for a single driveway or 20 feet for a double driveway on streets less than 40 feet in width.The driveway width and number may be modified by the Director of Public Works or designee..
15.20.040 Distance from crosswalk.
In the construction of driveways no curbing shall be disturbed within four feet of the regular street crosswalk.
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15.20.050 Apron not to extend into street.
No driveway apron shall extend out into the street further than the face of the curb, and under no circumstances shall such driveway apron extend into the gutter area.
15.20.060 Alteration to conform – Procedure – Lien.
Any existing driveway violating any of the provisions of PGMC 15.20.020 through 15.20.060 inclusive shall be altered to conform to said sections whenever in the judgment of the council the public interest, convenience or safety requires such alteration; provided, however, that the owner, or owners, of the premises affected shall be afforded an opportunity for a hearing prior to any such alteration or alterations being ordered by the council and at least five days’ notice of such hearing in writing, which shall be mailed to such owner, or owners, by the city clerk, postage prepaid, at the Post Office, Pacific Grove, California, addressed to such owner, or owners at their last known address, or in the event the same is unknown, to General Delivery, Pacific Grove, California, and a similar notice shall be posted on the property affected by the city engineer at least five days prior to such hearing. The failure of the clerk to mail such notice shall not, however, affect the jurisdiction of the council to order said work. Upon such hearing the council shall have jurisdiction to order the work done as noticed and the owner, or owners, shall have 10 days thereafter within which to commence said work and a reasonable time thereafter to complete the same. In the event that said work is not commenced by such owner, or owners, within said period of 10 days the city engineer shall cause the same to be done and upon the completion thereof, the cost bill for the same shall be filed by said city engineer in the office of the city clerk and a copy thereof mailed by said clerk, postage prepaid, to the last known address of said owner, or to General Delivery, Pacific Grove, California, and if the bill is not paid into the city treasury by said owner, or owners, within 10 days thereafter the same shall be and become a lien upon the real property affected or benefited by said improvement and shall be a charge against said property on the tax roll and shall be collected at the time and in the manner the general municipal taxes of the city are collected, and shall bear like penalties and carry like interest charges for delinquencies.
Not applicable15.20.070 Exemption.
The provisions of this chapter shall not apply to developments being considered by the community development department under application for use permit.
15.24 Excavations
15.24.010 Permit required – Resurfacing.
(a) Permit Required. Before any person, firm or corporation may cut any pavement or sidewalk or make any excavation in any public street for the purpose of installing or PGCC 3-22-23 ADJOURNED FROM 3-15-23
repairing any sewer, water, gas, electric or other utility pipes, conduits, wires or other structure, he or she shall secure a written permit or authorization therefor from the proper city authority, in accordance with any regulations then in effect and pertaining thereto, and shall pay the required fees and deposits.
(b) Resurfacing. After any such cut is made in any pavement, sidewalk or street, the person or firm doing such work shall immediately upon completion of the work, refill, settle and resurface such cut, to the satisfaction of the city manager. If such work is not done satisfactorily the city may complete the same, and such person or firm will be liable to the city for all costs and expenses in completing such work.
15.26 Telecommunications Facilities in Public Rights-of-Way
15.26.010 Authority.
The city derives the authority for this chapter from the City Charter Articles 4 and 5, and Chapter 2.04 PGMC. This chapter, and any rules, regulations, specifications and agreements adopted pursuant to this chapter, complies with all applicable federal and state law.
15.26.020 Purpose.
This chapter establishes a process for managing, and uniform standards for acting upon, requests for the placement of wireless telecommunications facilities within the rights-of-way of the city of Pacific Grove consistent with the city’s obligation to promote the public health, safety and welfare, to manage the public rights-of-way, and to ensure that the public is not incommoded by the use of the rights-of-way for the placement of wireless telecommunications facilities. The city recognizes the importance of wireless telecommunications facilities to provide high-quality communications service to the residents and businesses within the city, and the city also recognizes its obligation to comply with applicable federal and state law regarding the placement of wireless telecommunications facilities in its rights-of-way, and this chapter shall be interpreted consistent with those provisions.
15.26.030 Scope.
(a) In General. Unless exempted, every person who desires to place a wireless telecommunications facility in the rights-of-way or modify an existing wireless telecommunications facility must obtain a wireless placement permit authorizing the placement or modification.
(b) Exemptions. Except as to this section and PGMC 15.26.050, this chapter does not apply to:
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(1) The placement or modification of wireless telecommunications facilities on supporting structures owned, or under the control of, the city, the use of which is subject to a contract for use of the facility between the city and the entity or entities that own or control the wireless telecommunications facility. (2) The placement or modification of wireless facilities by the city or by any other agency of the state solely for public safety purposes.
(3) Modifications to an existing wireless telecommunications facility that makes no material change to the footprint of a facility or to the surface or subsurface of a public street if the activity does not disrupt or impede traffic in the traveled portion of a street, and if the work activity does not change the visual or audible characteristics of the wireless telecommunications facility. The city, by wireless regulation, may also exempt wireless telecommunications facilities that otherwise are subject to the provisions of this section from the obligation to obtain a permit to install or modify a wireless telecommunications facility where it is determined that because of the physical characteristics of the proposed facilities, and the work associated with them, such a permit is not required to protect the public health, welfare or safety, to maintain the character of a neighborhood or corridor, or to otherwise serve the purposes of this chapter.
(4) Installation of a “cell on wheels,” “cell on truck” or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event; provided, that installation does not involve excavation, movement or removal of existing facilities. (5) Installation of a wireless facility on the strand between two utility poles; provided, that the cumulative volume of all wireless facilities on the strand shall not exceed one cubic foot; and provided further, that the installation does not require replacement of the strand, or excavation, modification or replacement of the utility poles.
(c) Other Applicable Requirements. In addition to the wireless telecommunications permit required herein, the placement of a wireless telecommunications facility in the public rights-of-way requires the persons who will own or control those facilities to obtain the franchises and permits required by applicable law, and to comply with applicable law.
(d) Public Use. Except as otherwise provided by California law, any use of the right-ofway authorized pursuant to this chapter will be subordinate to the city’s use and use by the public.
15.26.040 Definitions.
Terms used in this chapter shall have the following meanings:
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“Applicant” means a person filing an application for placement or modification of a wireless telecommunications facility in the rights-of-way. “Application” means a formal request, including all required and requested documentation and information submitted by an applicant to the city, for a wireless placement permit.
Base Station. The term “base station” shall have the same meaning as in 47 C.F.R.
Section 1.40001, as may be amended.
“Certificate of completion” means a document that is required from and issued by the city confirming all work described in the application, as approved: (a) was properly permitted, including, without limitation, all required permits for building, electrical work, street or curb cutting, and excavation; (b) was done in compliance with and fulfillment of all conditions of all permits, including all stated deadlines; (c) was fully constructed or placed as approved and permitted; and (d) was finally inspected by the city, and was approved by the city after said final inspection.
“Rights-of-way” means any portion of any road or public way which the city has the responsibility to maintain or manage.
“Support structure” means any structure capable of supporting a base station. “Tower” means any structure built for the sole or primary purpose of supporting any Federal Communications Commission (FCC) licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.
“Underground areas” means those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages more than 35,000 volts.
“Utility pole” means a structure in the rights-of-way designed to support electric, telephone and similar utility lines. A tower is not a utility pole. “Wireless infrastructure provider” means a person that owns, controls, operates or manages a wireless telecommunications facility or portion thereof within the right-ofway.
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“Wireless permit” means a permit issued pursuant to this chapter and authorizing the placement or modification of a wireless telecommunications facility of a design specified in the permit at a particular location within the rights-of-way; and the modification of any existing support structure to which the wireless telecommunications facility is proposed to be attached.
“Wireless regulations” means those regulations adopted pursuant to PGMC 15.26.050 and implementing the provisions of this chapter. “Wireless service provider” means an entity that provides wireless services to end users.
“Wireless telecommunications facility” or “facility” means a facility at a fixed location consisting of a base station, any accessory equipment, and the tower, if any, associated with the base station.
15.26.050 Administration.
(a) City Manager. The city manager or designee is responsible for administering this chapter. As part of the administration of this chapter, the city manager or designee may:
(1) Adopt regulations governing the placement and modification of wireless telecommunications facilities consistent with the requirements of this chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless telecommunications facilities; (2) Interpret the provisions of this chapter;
(3) As part of the foregoing, develop acceptable designs for wireless telecommunications facilities in particular corridors, taking into account the zoning districts bounding the rights-of-way;
(4) Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;
(5) Develop forms and procedures for submission of applications for placement or modification of wireless telecommunications facilities, and proposed changes to any support structure consistent with this chapter;
(6) Collect, as a condition of the completeness of any application, any fee established by resolution of the city council;
(7) Require, as part of and as a condition of completeness of any application, notice to members of the public that may be affected by the placement or PGCC 3-22-23 ADJOURNED FROM 3-15-23
modification of the wireless telecommunications facility, and proposed changes to any support structure;
(8) Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with federal laws and regulations;
(9) Subject to appeal as provided herein, determine whether to grant, grant subject to conditions, or deny an application; and
(10) Take such other steps as may be required to timely act upon applications for placement of wireless telecommunications facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.
(b) Appeal.
(1) Any person adversely affected by the decision of the city manager may appeal the decision to the city council, which may decide the issues de novo, and whose written decision will be the final decision of the city. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the wireless telecommunications facility. (2) Where the city manager grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the city council. Otherwise, appeals that involve eligible facilities requests, as defined in 47 C.F.R. Section 1.40001, as may be amended, must be filed within five business days of the written decision of the city manager; all other appeals must be filed within 10 business days of the written decision of the city manager, unless the city manager extends the time therefor. An extension may not be granted where extension would result in approval of the application by operation of law.
(3) Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.
15.26.060 General standards for wireless telecommunications facilities in the rights-of-way.
(a) Generally. Wireless telecommunications facilities shall meet the minimum requirements set forth in this chapter and the wireless regulations, in addition to the requirements of any other applicable law.
(b) Regulations. The wireless regulations and decisions on applications for placement of wireless telecommunications facilities in the rights-of-way shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that applicant PGCC 3-22-23 ADJOURNED FROM 3-15-23
has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this chapter and the wireless regulations manual may be waived, but only to the minimum extent required to avoid the prohibition.
(c) Standards. Wireless telecommunications facilities shall be installed and modified in a manner that minimizes risks to public safety, avoids placement of aboveground facilities in underground areas, avoids installation of new support structures or equipment cabinets in the public rights-of-way and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located. City shall ensure that wireless telecommunications facilities are subject to periodic review to minimize the intrusion on the rights-of-way; that the city bears no risk, liability, or expense as a result of the installations; that the facilities do not inconvenience the public, or interfere with the primary uses of the public rights-of-way; and that the facilities do not hinder the ability of the city or other government agencies to improve, modify, relocate, abandon or vacate the public rights-of-way or any portion thereof, or damage or otherwise unduly interfere with other structures in the rights-of-way.
(d) Concealment. Permits for wireless telecommunications facilities shall incorporate specific concealment elements to minimize visual impacts, and design requirements ensuring compliance with all standards for noise emissions. Unless it is determined that another design is less intrusive, or placement is required under applicable law:
(1) Antennas located at the top of support structures shall be incorporated into the structure or placed within shrouds of a size such that the antenna appears to be part of the support structure.
(2) Antennas placed elsewhere on a support structure shall be integrated into the structure or be designed and placed to minimize visual impacts. (3) Radio units or equipment cabinets holding radio units and mounted on a utility pole shall be placed as high as possible on a support structure, placed to avoid interfering or creating any hazard to any other use of the public rights-of-way, and located on one side of the utility pole. Unless the radio units or equipment cabinets can be concealed by appropriate traffic signage, radio units or equipment cabinets mounted below the communications space on utility poles shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the support structure on which they are placed.
(4) Wiring and cabling shall be neat and concealed within or flush to the support structure, ensuring concealment of these components to the greatest extent possible.
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(5) Ground-mounted equipment associated with a wireless telecommunications facility shall be permitted only where consistent with the portion of the corridor in which it is to be placed, and may be required to be underground, located in alleys or otherwise shielded. In no event may ground-mounted equipment interfere with pedestrian or vehicular traffic.
(6) No permit shall be issued or effective unless it is shown that the wireless telecommunications facility will comply with FCC regulations governing radio frequency (“RF”) emissions. Every wireless facility shall at all times comply with applicable FCC regulations governing RF emissions, and failure to comply shall be treated as a material violation of the terms of any permit or lease. (7) No towers shall be permitted in the public rights-of-way, and no wireless telecommunications facilities shall be permitted above-ground in underground areas; provided, that the city may permit placements where all elements of the wireless telecommunications facility are concealed, and the facility does not appear to a casual observer to be a wireless telecommunications facility. (8) No permit shall issue except to wireless service providers with immediate plans for use of the proposed wireless telecommunications facility, or wireless infrastructure providers with contracts with wireless service providers which require the service provider immediately to use the proposed wireless telecommunications facility.
15.26.070 Application submission requirements.
(a) Submission. Unless the wireless regulations otherwise provide, applicant shall submit a paper copy and an electronic copy of any application, amendments or supplements to an application, or responses to requests for information regarding an application to the city manager.
(b) Content. An application must contain:
(1) Any information required pursuant to the wireless regulations. (2) The name of the applicant, its telephone number and contact information, and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the wireless telecommunications facility.
(3) A complete description of the proposed wireless telecommunications facility and the work that will be required to install or modify it, including but not limited to detail regarding proposed excavations, if any; detailed site plans showing the location of the wireless telecommunications facility, and specifications for each element of the wireless telecommunications facility, clearly describing the site and all structures and facilities at the site before and after installation or modification; PGCC 3-22-23 ADJOURNED FROM 3-15-23
and describing the distance to the nearest residential dwelling unit and any historical structure within 500 feet of the facility. Before and after 360-degree photo simulations must be provided. The electronic version of an application must be in a standard format that can be easily uploaded on a web page for review by the public.
(4) If the application is an eligible facilities request, within the meaning of 47 C.F.R.
Section 1.40001, as may be amended, the application must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must show that there is an existing wireless telecommunications facility that was approved by the city pursuant to this chapter. Before and after 360-degree photo simulations must be provided; which and detailed specification of the (1) An application for a permit shall be submitted in the format and manner specified by the wireless facilities regulations, as applicable. For permits for wireless telecommunications facilities, if no form or manner has been specified, applications must contain all information necessary to show that applicant is entitled to the permit requested.
(5) If applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies in support of that claim. Applicants are not permitted to supplement this showing if doing so would prevent city from complying with any deadline for action on an application.
(6) Proof that notice has been mailed to owners of all property within 300 feet of the proposed wireless telecommunications facility.
(7) Any required fees.
(c) Fees. For wireless telecommunications facilities, applicant must provide an initial deposit and agree as part of its application to pay all costs reasonably incurred by city in reviewing the application, including costs incurred in retaining outside consultants. Fees shall be reviewed periodically and raised or lowered based on costs the city expects to incur, with a review commencing by the first anniversary of the effective date of the ordinance codified in this chapter.
(d) Waivers. Requests for waivers from any requirement of this section shall be made in writing to the city manager or designee. The same may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the city will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought.
(e) Rejection for Incompleteness. For personal wireless facilities, as that term is defined under federal law, and eligible facilities requests, as that term is defined under federal law, applications will be processed, and notices of incompleteness provided, in PGCC 3-22-23 ADJOURNED FROM 3-15-23
conformity with state, and local and federal law. If such an application is incomplete, it may be rejected by a written order specifying the material omitted from the application, or the city may notify the applicant of the material omitted and provide an opportunity to submit the missing material.
15.26.080 Termination of permit/breach.
(a) For Breach. A wireless telecommunications permit may be revoked for failure to comply with the conditions of the permit, franchise or applicable law. Upon revocation, the wireless telecommunications facility must be removed; provided, that removal of support structure owned by city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city. All costs incurred by the city in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless telecommunications facility. (b) For Installation without a Permit. A wireless telecommunications facility installed without a wireless permit (except for those exempted by this chapter) must be removed; provided, that a support structure owned by city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city. All costs incurred by the city in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless telecommunications facility. (c) Term. A wireless permit, other than a permit issued pursuant to an eligible facilities request, shall be valid for a period of 10 years. An eligible facilities permit shall expire at the same time the permit for the underlying existing wireless telecommunications facility expires. A person holding a wireless telecommunications permit must either remove the wireless telecommunications facility upon expiration (provided, that a support structure owned by city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city); or, at least 90 days prior to expiration, must submit an application to renew the permit, which application must demonstrate that the impact of the wireless telecommunications facility cannot be reduced. The wireless telecommunications facility must remain in place until it is acted upon by the city, and any appeals from the city’s decision exhausted.
(d) Municipal Infraction. Any violation of this chapter may be enforced pursuant to Chapters 1.16 and 1.19 PGMC.
15.26.090 Vertical infrastructure controlled by city.
The city, as a matter of policy, will negotiate agreements for use of city owned or controlled light standards and traffic signals in the public rights-of-way. The placement of wireless telecommunications facilities on those structures shall be subject to the agreement. The agreement shall specify the compensation to the city for use of the PGCC 3-22-23 ADJOURNED FROM 3-15-23
structures. The person seeking the agreement shall additionally reimburse the city for all costs the city incurs in connection with its review of, and action upon, the person’s request for an agreement.
15.26.100 Nondiscrimination.
In establishing the rights, obligations and conditions set forth in this chapter, it is the intent of the city to treat each applicant or public right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the public rights-of-way.
15.28 Utility Poles
15.28.010 Regulation of placement on Lighthouse Avenue.
There shall be no telephone, telegraph, electric light, or other light or power poles or posts in or upon Lighthouse Avenue from its intersection with the westerly line of Nineteenth Street to the easterly line of Fountain Avenue, but nothing herein shall apply to the street lighting system of the city for said street.
15.29 Undergrounding Utilities
15.29.010 Definitions.
Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
“Commission” means the Public Utilities Commission of the state of California. “Person” means and includes individuals, firms, corporations, partnerships, and their agents and employees.
“Poles, overhead wires and associated overhead structures” means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossbeams, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service. “Underground utility district” or “district” means that area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of PGMC 15.29.030.
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“Utility” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
15.29.020 Public hearing by council.
The council may, from time to time, call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The city clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least 10 days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.
15.29.030 Designating districts by resolution.
If, after any such public hearing, the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. The resolution shall include a description of the area comprising the district and shall fix the time within which the removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for removal and for the installation of such underground facilities as may be occasioned thereby.
15.29.040 Unlawful acts.
Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in PGMC 15.29.030 hereof, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed by resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in PGMC 15.29.090 hereof, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.
15.29.050 Exception for emergency or unusual circumstances.
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed 10 days, without authority of the council in order PGCC 3-22-23 ADJOURNED FROM 3-15-23
to provide emergency service. The council may grant special permission, on such terms as the council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.
15.29.060 Other exceptions.
This chapter and any resolution adopted pursuant to PGMC 15.29.030 hereof shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
(a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer;
(b) Poles, or electroliers used exclusively for street lighting; (c) Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited; (d) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts; (e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street; (f) Antennas, associated equipment and supporting structures, used by a utility for furnishing communication services;
(g) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts;
(h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.
15.29.070 Notice to property owners, utility companies.
Within 10 days after the effective date of a resolution adopted pursuant to PGMC 15.29.030 hereof, the city clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof.
The city clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all PGCC 3-22-23 ADJOURNED FROM 3-15-23
necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.
Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to PGMC 15.29.030, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
15.29.080 Responsibility of utility companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to PGMC 15.29.030 hereof, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations, and tariffs on file with the commission.
15.29.090 Responsibility of property owners.
(a) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his or her property between the facilities referred to in PGMC 15.29.080 and the termination facility on or within the building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to PGMC 15.29.030 hereof, the city engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within 10 days after receipt of such notice. (b) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner’s name appears, and must be addressed to such owner’s last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, city of Pacific Grove. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the city engineer shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by 10 inches in size, to be posted in a conspicuous place, on said premises.
(c) The notice given by the city engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if the PGCC 3-22-23 ADJOURNED FROM 3-15-23
work is not completed within 30 days after receipt of such notice, the city engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.
(d) If upon the expiration of the 30-day period, the required underground facilities have not been provided, the city engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the city engineer shall in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the city engineer, he or she shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than 10 days thereafter. (e) The city engineer shall forthwith, upon the time for hearing protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon such report and will hear protests against the assessment. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.
(g) If any assessment is not paid within five days after its confirmation by the council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the city engineer, and the city engineer is directed to turn over to the assessor and tax collector and record with the county recorder a notice of lien on each of the properties on which the assessment has not been paid. The assessment shall be due and payable at the same time as the property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent per annum.
15.29.100 Responsibility of city.
The city shall remove at its own expense all city-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to PGMC 15.29.030 hereof.
15.29.110 Extension of time.
PGCC 3-22-23 ADJOURNED FROM 3-15-23
In the event that any act required by this chapter or by a resolution adopted pursuant to PGMC 15.29.030 hereof cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.
15.29.120 Enforcement.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and may be prosecuted pursuant to Chapter 1.16 PGMC.
15.30 Utility Encroachments in Public Rights-of-Way
NA
15.40 Refuse and Storage Containers on City Streets
15.40.010 Definitions.
For the purpose of this chapter the following terms shall apply:
“City” shall mean the city of Pacific Grove.
“Large refuse containers” shall mean refuse containers in excess of 100-gallon capacity used for collection of garbage, rubbish and/or refuse, which containers are kept on or placed for collection on any city streets, roadway or alley. “Storage containers” shall mean any container, storage unit, shed-like container, “portable on-demand storage structures (PODS),” or other portable structure that can be or is used for any purpose and is placed on any public street, roadway or alley.
15.40.020 Permit required for storage container or refuse container on city street. (a) No person shall cause or allow a large refuse container or storage container to be placed on any city street, roadway or alley without first obtaining a permit from the city. (b) Before placing a large refuse container or storage container on any city street, roadway or alley a person must submit an application and receive a permit from the police department. An insurance certificate providing liability insurance in the amount of $100,000 provided by the company supplying the refuse container or storage container must accompany the permit application. The fee for such permit shall be set forth by the city council.
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15.40.030 Permits for storage containers.
Storage container permits will be granted for a period of seven days. At the expiration of the seven-day period applicants may seek a one-time extension of their permits for an additional seven days by submitting an extension application for cause to the police department. Permit fees and any fee for extension thereof will be set forth by resolution of the city council. No applicant shall be granted more than two storage container permits within any 12-month period. An extension of a permit shall be deemed to be a second permit. Only one refuse container or storage container unit may be placed pursuant to a permit and permits shall not be granted so as to run either concurrently or consecutively except in the case of an extension.
15.40.040 Permits for large refuse containers.
Large refuse container permits will be granted for a period of seven days. At the expiration of the seven-day period, applicants may seek a one-time extension of their permit for an additional seven days by submitting an extension application for cause to the police department. Permit fees and any fee for extension thereof will be set forth by resolution of the city council. No applicant shall be granted more than two refuse container permits within any 12-month period. An extension of a permit shall be deemed to be a second permit. Only one refuse container unit may be placed pursuant to a permit and permits shall not be granted so as to run either concurrently or consecutively except in the case of an extension.
15.40.050 Permitted use with a valid building permit.
(a) The provisions of this chapter shall not apply to the use or placement of construction refuse containers or storage containers pursuant to a valid building permit. (b) Persons obtaining a building permit from the city must receive approval from the police department and the community development department for the location and duration of the placement of the refuse container and/or storage container prior to the issuance of said building permit. There shall be no fees associated with the approved placement of the construction refuse container or the storage container with a valid building permit if said container is placed on private property.
PGCC 3-22-23 ADJOURNED FROM 3-15-23
Title 15
STREETS AND SIDEWALKS1
Chapters:
15.01 Street Encroachments
15.01.010 Definitions
15.01.020 Encroachment permit required
15.01.030 Exceptions to permit requirement.
15.01.040 Right of lawful use by City and others.
15.01.050 Permit applications.
15.01.006 Liability and insurance.
15.01.070 Fees.
15.01.080 Agreement concerning continuing encroachments.
15.01.090 Duration of permit.
15.01.100 Commencement and conclusion of work.
15.01.110 Display of permit.
15.01.120 Inspections—Records—Corrective action.
15.01.130 Changes in permit.
15.01.140 Driveway approach permit—Conditions.
15.01.150 Safety provisions.
15.01.160 Standards, supervision and inspection.
15.01.170 Repair and restoration.
15.01.180 Relocation of encroachment.
15.01.190 Street cut notification.
15.01.200 Public access to facilities.
15.01.210 Street closure—When permission granted.
15.01.220 Coordination of work with other entities.
15.01.230 Pavement.
15.01.240 Prohibitions.
15.01.250 Monuments.
15.01.260 Appeal of denial of permit.
15.01.270 Findings on appeal.
15.01.280 Emergency suspension of permit.
15.01.290 Hearing on emergency suspension of permit.
15.01.300 Suspension or revocation of permit.
15.01.310 Hearing on suspension or revocation of permit.
15.01.320 Civil penalties and attorneys’ fees.
15.01.330 Administrative review.
15.01.340 Authority of Encroachment Officer and inspectors.
15.01.350 Penalties for violation.
15.01.360 Remedies cumulative.
PGCC 3-22-23 ADJOURNED FROM 3-15-23
15.08 House Numbers
15.12 Cement Construction Removed as no longer applies
15.16 Sidewalks
15.16.010 Definitions
15.16.020 Sidewalk width, curb lines established
15.16.030 Repair procedure
15.16.040 Sidewalk encroachment
15.16.050 Sidewalk seating and sidewalk dining
15.16.060 Curbs – Address numbers.
15.20 Driveways
15.20.010 Permit to construct, maintain-required
15.20.020 Construction to conform to plans and specifications
15.20.030 Size for single, double-number per site
15.20.040 Distance from crosswalk.
15.20.050 Apron not to extend into street
15.20.060 Alteration to conform-Procedure-Lien
15.20.070 Exemption
15.24 Excavations
15.24.010 Permit required – Resurfacing.
15.26 Telecommunications Facilities in Public Rights-of-Way
15.26.010 Authority.
15.26.020 Purpose.
15.26.030 Scope.
15.26.040 Definitions.
15.26.050 Administration.
15.26.060 General standards for wireless telecommunications facilities in the right-of-way.
15.26.070 Application submission requirements.
15.26.080 Termination of permit/breach.
15.26.090 Vertical infrastructure controlled by city.
15.26.100 Nondiscrimination.
15.28 Utility Poles
15.28.010 Regulation of placement on Lighthouse Avenue.
15.29 Undergrounding Utilities
PGCC 3-22-23 ADJOURNED FROM 3-15-23
15.29.010 Definitions.
15.29.020 Public hearing by council.
15.29.030 Designating districts by resolution.
15.29.040 Unlawful acts.
15.29.050 Exception for emergency or unusual circumstances.
15.29.060 Other exceptions.
15.29.070 Notice to property owners, utility companies.
15.29.080 Responsibility of utility companies.
15.29.090 Responsibility of property owners.
15.29.100 Responsibility of city.
15.29.110 Extension of time.
15.29.120 Enforcement.
15.30 Utility Encroachments in Public Rights-of-Way
15.30.010 Scope.
15.30.020 Administration.
15.40 Refuse and Storage Containers on City Streets
15.40.010 Definitions.
15.40.020 Permit required for storage container or refuse container on city street.
15.40.030 Permits for storage containers.
15.40.040 Permits for large refuse containers.
15.40.050 Permitted use with a valid building permit.
15.01 Street Encroachments
15.01.010 Definitions
(A) “City Engineer” means the City Engineer of the City of Pacific Grove, or his or her authorized representative.
(B) “Continuing encroachment” means an encroachment continuing for a period longer than one year.
(C) “Director of Public Works” means the Director of Public Works of the City of Pacific Grove, or his or her authorized representative. (D) “Emergency street cut” means any street cut by a utility to repair a facility within the right-of-way to remediate an immediate hazard or danger to life, health or property, as determined at the sole discretion of the City Director of Public Works.. (E) “Encroach” or “encroachment” includes going upon, over or under a right-ofway, or using a right-of-way or an area adjacent to a right-of-way in such a manner as to prevent, obstruct or interfere with the intended use of that way, or a modification of its mode of use, including but not limited to:
(1) Excavation or disturbance;
PGCC 3-22-23 ADJOURNED FROM 3-15-23
(2) Erection, construction, placement, installation, repair, upgrade or maintenance of any physical improvement;
(3) Planting or maintaining any landscaping;
(4) Placement or maintenance of any waste material, except the placement of solid waste or recyclables in authorized receptacles for pick-up in accordance with Chapter 9-
12. (F) “Encroachment Officer” shall be those persons designated by the Director of Public Works to issue permits as provided herein or to enforce the provisions of this chapter.
(G) “Landscaping” means any tree, shrub, grass, groundcover, plant, solid landscape feature or growing thing.
(H) “Parklet” means the conversion of one or more parallel parking spaces or 3 – 4 angled spaces, that may vary according to the site, context, and desired character of the installation, and are subject to the review and approval of the City engineer under the Parklet Program adopted by the City Council.
(I) “Permittee” means any person that has been issued an encroachment permit pursuant to this chapter.
(J) “Physical improvement” means any post, sign, pole, fence, guard rail, wall, facility, pathway, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, conduit, cable, embankment or excavation.
(K) “Public street” means the portion of the public right-of-way of any road, street, lane or alley used by or for the general public for travel purposes, including sidewalks and areas between sidewalks and the vehicular travelway, whether or not those roads, streets, lanes and alleys have been accepted as and declared to be part of the City system of public streets, except streets forming a part of the State highway system or County roads or expressways.
(L) “Right-of-way” means land which by written instrument, usage or process of law is reserved for or dedicated to the public use for street, utility or highway purposes, or other transportation purposes.
(M) “Street cut” means the action or result, of opening, tearing up, excavating, removing or constructing in any portion of any roadway, street or thoroughfare, sidewalk, driveway, curb or gutter, or any other facility existing within the public right-ofway area for any purpose whatever within the jurisdiction of the City. (N) “Utility” means any entity constituting a public utility under State law authorized to use the public streets pursuant to City or State franchise. (O) “Waste material” means any rubbish, brush, earth or other material of any nature which is unused, unwanted or discarded.
15.01.020 Encroachment permit required
(A) Except as otherwise provided in Section 15.01.040, it is unlawful for any person to encroach or to make or to cause to be made any encroachment without first having obtained an encroachment permit from the Director of Public Works or the Building Official or their designee.
(B) Encroachment permits shall be issued by the Director of Public Works or designee upon such conditions the Director deems necessary to protect the public interest, health, safety or welfare.
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(C) All obligations, responsibilities and other requirements of the permittee as described in this chapter shall be binding on subsequent owners of the encroachment. (D) Any encroachment for which a permit is required and for which no permit has been issued pursuant to this chapter shall be deemed a public nuisance under Chapter 1.16 of this code.
15.01.030 Exceptions to permit requirement.
No encroachment permit shall be required for any of the following:
(A) Marquees, awnings and other projecting structures and building appendages over the right-of-way, which comply with the requirements of the Uniform Building Code for use of public streets and projections over public property, and are part of a building or structure which has been granted a valid building permit in accordance with the applicable provisions of this code;
(B) Any sign erected, constructed and maintained in compliance with this code; (C) The actions of any officer or employee of the City engaged in the discharge of official duties;
(D) The performance of work under contract to the City; (E) The placement or maintenance of newsracks in compliance with this code or state or federal law;
(F) The making of an emergency street cut by a utility to repair a broken or defective pipe, facility or conduit lawfully on or under a public street, or excavating by a utility as may be necessary for the preservation of life and property when an urgent necessity therefor arises when the offices of the City are closed. Any utility making such street cut shall apply for an emergency encroachment permit on the next City business day. The issuance of such permit shall be at the sole discretion of the Director of Public Works or designee, based on a determination as to whether the work was necessary to for the preservation of life or property and in compliance with this code. In the event that the City Engineer determines issuance of an emergency permit is unwarranted, the person or persons who performed, or caused to be performed, any such work shall be in violation of this chapter.
15.01.040 Right of lawful use by City and others.
(A) The City reserves all rights to approve and construct municipal improvements under or over facilities or portions of facilities constructed pursuant to encroachment permits.
(B) Any permit granted under this chapter shall be subject to the right of the City, or any other person entitled thereto, to use that part of the right-of-way for any purpose for which it may be lawfully used, and no part of the right-of-way shall be unduly obstructed at any time.
15.01.050 Permit applications.
(A) An application for a permit required by this chapter shall be made on a form prescribed by the Director of Public Works or designee. The application shall be signed by the contractor, property owner or other entity performing the work and shall include the following:
(1) The name, address and telephone number of the applicant; PGCC 3-22-23 ADJOURNED FROM 3-15-23
(2) The location, purpose, extent and nature of the proposed work; (3) The period of time when the proposed work will be performed; (4) A certificate of insurance for the applicant and contractor’s insurance carrier in a form satisfactory to the City;
(5) All other complete and descriptive information, including plans, specifications and analyses the City Engineer may require describing the work and its effect on the right-of-way, including the mode of operation, maintenance and use; (6) The written order or consent to work thereunder, where required by law, issued by the California Public Utilities Commission or any other public district, agency or body having jurisdiction;
(B) The application for a permit shall refer to, and incorporate by reference, all of the provisions of this chapter.
(C) A permit shall not be issued unless and until the order or consent required pursuant to subsection (A) is first obtained and filed with the Director of Public Works or designee. The permittee shall be knowledgeable and comply with all applicable federal, state and local laws, regulations and orders which may in any manner affect the permit.
The permittee shall insure that its agents, employees and contractors are at all times in compliance with all applicable laws, regulations and orders.
15.01.060 Liability and insurance.
(A) The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by: (1) work done by permittee under the permit, including work beyond the scope of the permit; (2) failure on permittee’s part to perform obligations under the permit in respect to maintenance; or (3) the existence of any permitted encroachment. If any claim of such liability is made against the City, its officers or employees, permittee shall defend, indemnify and hold them, and each of them, harmless from such claim and liability insofar as permitted by law. (B) Before a permit is issued, the applicant, or the contractor who is to perform the work, shall secure, at its expense, a policy of broad form commercial general liability insurance, on an “occurrence” basis issued by an insurer acceptable to the City. If the work to be performed involves any excavation, the policy shall include an endorsement that affords coverage for explosion, collapse and underground hazards. If the work to be performed involves vehicles or vehicular equipment, the insurance must cover any automobile for bodily injury and property damage. The policy shall by endorsement name the City and its officers, employees and agents as additional insureds and shall protect them from claims for personal injury, death or property damage suffered by third persons and arising out of the work performed pursuant to the permit or the manner of installation or construction. The insurance coverage afforded by this policy shall be primary. The policy shall include a cancellation clause requiring the issuing company or its authorized agent to provide a 30-day written notice of cancellation, suspension or modification, to the named certificate holder.
(C) The amount of liability insurance coverage shall be a minimum of $1,000,000 per occurrence and $2,000,000 aggregate or $1,000,000 aggregate if the policy separately applies to the permitted project.
(D) Workers’ Compensation shall be maintained to meet minimum state requirements.
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(E) A certificate or certificates of the insurance shall be filed with the Department of Public Works prior to commencement of any work. The insurance shall be in effect on the date that the work is commenced and shall be maintained in effect until the work has been completed and the work has been accepted by the Director of Public Works, pursuant to Section 13-04.110.
(F) The City Risk Manager may increase, decrease or waive the insurance limits set forth above in those cases in which he/she determines that special circumstances justify such an increase, decrease or waiver.
(G) An applicant seeking to do work himself or herself on the City street or in the public easement immediately adjacent to premises containing only one single-family dwelling or two authorized units, one of which is owned and occupied by the applicant, shall not be required to file with the City certificates evidencing general liability, property damage coverage, or workers’ compensation insurance
15.01.070 Fees.
(A) All fees required to be paid under the provisions of this chapter shall be established by resolution of the City Council, and may be subject to adjustment based on the nature, scope and duration of the proposed encroachment. (B) In addition to any fees required under this chapter, permittee shall be responsible for payment of any other fees that may be required under this code. (C) Unless waived in writing by the City Council, fees will be required of any public agency which is authorized by law to establish or maintain any works or facilities in, under or over any public street or right-of-way.
15.01.080 Agreement concerning continuing encroachments.
The issuance of an encroachment permit for a continuing encroachment shall, at the discretion of the Director of Public Works or designee, be contingent upon the execution between the City and the permit applicant, of an agreement providing for the use, operation and maintenance of the encroachment. The agreement shall contain specific conditions for the use, operation and maintenance of the encroachment, insurance and appropriate indemnification clauses to the benefit of the City. Any encroachment permit issued in conjunction with an agreement shall be valid only so long as the permittee is in compliance with the terms and conditions of that agreement.
15.01.090 Duration of permit.
(A) Each permit shall specify its duration and shall become null and void after the date so specified, or any written extension thereof, unless the permit is terminated sooner by discontinuance of the use or removal of the encroachment for which the permit was issued. Any extension shall require a written request and may be subject to the payment of additional fees and, in the event of a requested extension beyond one year from the date of initial issuance, a written agreement pursuant to Section 13-
04.090.
(B) A permit for a continuing encroachment shall be considered to be of the duration as specified in the agreement executed pursuant to Section 13-04.090, subject to the terms and provision therein.
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15.01.100 Commencement and conclusion of work.
(A) The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within 90 days from date of issuance, unless a different time period is stated in the permit. If the work is not timely begun, then the permit shall become void, unless a timely extension of time to commence work has been granted by the Director of Public Works in writing. Before beginning any work which involves or includes excavation, construction of concrete sidewalks, curbs, gutters or driveway approaches, or making, placing or causing an obstruction in the traveled way, the permittee shall notify the City Engineer.
(B) The permittee shall complete the work or use authorized by a permit issued pursuant to this chapter within the time specified in the permit and shall notify the Director of Public Works upon completion. No work shall be deemed to be complete, nor shall the work be operated or placed into service, without written authorization, notification of completion, or acceptance by the Director of Public Works. If at any time the Director of Public Works determines that the prosecution or completion of the work or use authorized is delayed due to lack of diligence on the part of the permittee, the permit may be canceled and the right-of-way restored to its former condition. The permittee shall reimburse the City for all expenses incurred by the City in restoring the right-of-way.
(C) The Director of Public Works may extend any time period if commencement or completion of the work for which the permit was issued was delayed because of inclement weather, strikes, an act of God or other causes not within the control of the permittee.
15.01.110 Display of permit.
(A) A copy of any permit issued pursuant to this chapter shall be kept at the site of any construction work pertaining to the encroachment and shall be shown to any authorized representative of the City on demand.
(B) An agreement or permit issued for continued use or maintenance of an encroachment involving the residence or place of business of the permittee may be kept at the residence or place of business, or otherwise safeguarded during the term of validity, and shall be made available to an authorized representative of the City within a reasonable time after demand therefor is made.
15.01.120 Inspections—Records—Corrective action.
(A) The Director of Public Works or designee may require the permittee to perform special inspections of and maintain records for certain facilities constructed in the rightof-way. The City also reserves the right to conduct periodic inspections throughout the construction phases of the project and to have access to any pertinent records of the permittee.
(B) Final inspection of construction may be conducted by the Director of Public Works or designee. At the Director of Public Works discretion, permittee may be required to be present. Permittee shall allow reasonable time for the City to prepare and provide a list of items requiring corrective action. Permittee shall undertake timely correction of all such items.
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(C) All persons owning underground facilities located in City shall keep current, adequate and complete maps and records of same. Such maps and records shall be made available to the City upon request.
15.01.130 Changes in permit.
(A) No changes may be made in the location, dimension, character or duration of the encroachment, its mode of operation, maintenance, or use as granted by the permit except upon written authorization of the Director of Public Works. All construction and use of materials must adhere to approved plans and specifications. The permittee shall coordinate all construction activities with the Director of Public Works. (B) No additional permit shall be required for the continuing use of encroachments installed by public utilities, provided that such continuing use conform to the conditions of the original encroachment permit and any later modifications to that permit, and further provided that permittee shall comply with the requirements of Section 13-04.090, including entering into a written agreement with the City.
15.01.140 Driveway approach permit—Conditions.
All persons constructing new buildings shall apply for encroachment permits for both restoration of the curb to its original condition, where old driveways are abandoned, as well as for the installation of a new driveway approach prior to the final acceptance of the building by the building Official of the City, as required in this code.
15.01.150 Safety provisions.
(A) Permittee shall at all times obey and enforce all applicable safety orders, rules and recommendations of the state Division of Industrial Safety and shall comply with all applicable state and local laws, ordinances, codes and regulations. (B) During construction, permittee shall immediately remedy all hazardous conditions or nuisances upon receipt of any notice from the City. The Director of Public Works may take any action necessary to remedy any hazardous condition or nuisance if there is insufficient time, under the circumstances, to first provide notice to permittee, or should permittee fail to take immediate and appropriate action upon receipt of notice from the City.
(C) Permittee shall provide, erect and maintain any lights, warning sign, signals, flares, patrols and other appropriate safeguards necessary to protect the public during the course of work or maintenance of an encroachment. Where the permit involves excavation, obstruction or similar work within the right-of-way, permittee shall place and maintain lights at 50 foot or lesser intervals, and at each end of the excavation or obstruction, from one-half hour before sunset to one-half hour after sunrise the following day for each day until the right-of-way has been made safe for use. Reflectorized warning signs conforming to the requirements of the Manual of Uniform Traffic Control Devices issued by the California Department of Transportation shall be placed at 200 and at 400 feet from each excavation or obstruction to provide adequate warning. (D) Warning signs, lights and other safety devices shall conform to the requirements of the California Vehicle Code and the Manual of Uniform Traffic Control PGCC 3-22-23 ADJOURNED FROM 3-15-23
Devices issued by the California Department of Transportation, or other recognized, applicable standards.
(E) The standards and requirements set forth in this chapter are intended to be the minimum required standards. The failure of the City to require any specific safety device or procedure shall not excuse permittee from complying with any other requirements or standards or to take reasonable, appropriate and prudent safety precautions indicated by the specific circumstances. At any time, the City may provide, erect, relocate or remove any safety device or measure as necessary or cancel the permit and restore the right-of way at the expense of the permittee.
15.01.160 Standards, supervision and inspection.
(A) All work done under a permit shall conform to the specifications and to the conditions of approval established by the City or, in the absence of established specifications, to recognized standards of design and construction and approved practices in connection with the work to be done. All work shall be done subject to the satisfaction and approval of the Director of Public Works. (B) If the work, use or encroachment authorized in the permit issued pursuant to this chapter interferes with the established drainage, the permittee shall provide for proper drainage as directed by the Director of Public Works. (C) Backfilling of an excavation shall be in accordance with the standard details and specifications of the City, or those other specifications required by the Director of Public Works for the particular project, both as to material and method. Backfill shall not be placed in any excavation without compaction of the material used therein, the degree and method thereof to be to the satisfaction of the Director of Public Works. (D) All operation, maintenance and repairs to a continuing encroachment shall conform to the conditions of approval of the underlying encroachment permit, to the terms of any applicable agreement with City, and to established and recognized standards of construction, design, operation and maintenance for the particular type of encroachment.
15.01.170 Repair and restoration.
(A) Upon completion of the project for which the permit was issued, or when required by the Director of Public Works, the permittee shall replace, repair or restore the public right-of-way to its prior condition unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, material or rubbish caused or placed upon the right-of-way under the permit, and shall do any other work or perform any act necessary to restore the public street to a safe and usable condition. (B) By the acceptance of the permit the permittee agrees to exercise reasonable care in inspecting and maintaining the area affected by the encroachment after completion of all work.
(C) The permittee shall immediately repair any injury, damage or nuisance, in any portion of the right-of-way, resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified by the Director of Public Works or can respond to notification, the City may at its option make PGCC 3-22-23 ADJOURNED FROM 3-15-23
the necessary repairs or replacements or perform the necessary work and the permittee shall be charged with all the expenses incurred in the performance of the work.
15.01.180 Relocation of encroachment.
(A) If any future construction, reconstruction or maintenance work by the City on the right-of-way necessitates the relocation, removal or abandonment of an encroachment, the permittee shall relocate, remove or abandon the encroachment at the permittee’s sole expense.
(B) When relocation is required, the Director of Public Works shall make written demand of the permittee that the encroachment be relocated within the right-of-way to a satisfactory location provided by the Director of Public Works, and shall designate a reasonable time for such relocation or removal. In determining what is a reasonable time under this section, the Director of Public Works shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the property to the owner, and other facts peculiar to the particular situation. If the permittee fails to comply with such instructions, the City may relocate or remove the encroachment at the expense of the permittee.
(C) The provisions of this section shall apply to all permittees, including public agencies and public utilities having authority to occupy public rights-of-way pursuant to a franchise or an express provision of state statute, unless in conflict with a franchise agreement with the City, or in conflict with a state statute applicable to a charter city.
15.01.190 Street cut notification.
When the encroachment involves a street cut, the permittee shall notify every public utility having facilities in the vicinity of the street cut regarding the issuance of the permit and its provisions. If a subsurface excavation is required, the permittee shall contact Underground Service Alert (USA) and have all utilities located and marked prior to commencement of any work. The permittee shall, upon uncovering any pipe or underground facility not previously located or anticipated, cease work immediately and notify the Director of Public Works. The permittee shall proceed with the work only after the proper utility has been notified and permission is granted by the Director of Public Works to proceed.
15.01.200 Public access to facilities.
(A) The permittee shall so plan the work as to cause the minimum of interference with traffic and inconvenience to the public and perform all street cut work in a neat and professional manner. Roadways and walks shall not be unnecessarily obstructed. At no time shall a public street be closed, or its function reduced or modified or the use thereof denied in whole or in part to the general public, without the written permission of the Director of Public Works. (B) The permittee shall provide free and unobstructed access to all mailboxes, fire hydrants, water gates, valves, manholes, drainage structures and other public service structures and property that may be required for emergency use. The permittee shall not remove such structures and property or relocate or manipulate them without proper coordination with the authorities responsible for their control and maintenance.
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15.01.210 Street closure—When permission granted.
Upon written application, the Director of Public Works may grant written permission to permittee to close or cause to be closed, for limited periods, City streets, driveways or areas not under control of the State or the County if in the opinion of the Director of Public Works the public interest can best be served thereby.
15.04.220 Coordination of work with other entities.
The permittee shall coordinate all street cut work with other entities working in the area so that public convenience is least impaired and to the satisfaction of the Director of Public Works. The permittee shall at all times notify the Police and Fire Departments of any and all obstructions and closures within the public right-of-way which might impair or prevent passage of an emergency vehicle
15.01.230 Pavement.
(A) The permittee shall be required to construct pavement, whether temporary or permanent, in accordance with the standard specifications of the City, unless otherwise specified on the permit.
(B) All construction work performed pursuant to a street cut encroachment permit shall be performed by contractors who have current and valid licenses issued by the state of California Contractor’s License Board, for the type of work being performed.
15.01.240 Prohibitions.
It is unlawful to do any of the following:
(A) Store materials used in connection with the work within five feet of a public street, or stockpile materials in the right-of-way, unless otherwise authorized by the City Engineer. Excess earth materials from trenching or other operations shall be removed from the pavement, travel way or shoulder as the trench is backfilled or other work carried forward unless otherwise approved by the City Engineer; (B) Plant any landscaping across any existing walkway in a sidewalk area or roadway shoulder;
(C) Erect or maintain a fence or similar structure in a right-of-way without a permit, except as provided in this chapter;
(D) Erect or maintain a fence or similar structure across any existing walkway in a sidewalk area or roadway shoulder;
(E) Permit or maintain any encroachment of any nature which impedes, obstructs or denies pedestrian or other lawful travel within the limits of a public street, or which impairs adequate sight distance for safe pedestrian or vehicular traffic; (F) Construct or maintain a freight loading platform upon or in the right-of-way.
15.01.250 Monuments.
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No person shall remove or disturb, or cause to be removed or disturbed any monument of granite, concrete, brass, iron or other material set for the purpose of locating or preserving the lines and/or elevation of any public street or right-of-way, property subdivision or precise survey or reference point without first obtaining permission from the Director of Public Works. Permission shall be subject to and in conformance with the requirements set forth in specifications established by the City Engineer. Replacement of removed or disturbed monuments will be at the expense of the permittee
15.01.260 Appeal of denial of permit.
Any person aggrieved by the denial of a permit required by this chapter may appeal to the Director of Public Works, by submitting a written appeal within 15 days of the date the application was denied. The Director of Public Works shall thereafter give written notice to the applicant of a hearing to be held within 30 days of receipt of the appeal.
The decision by the Director of Public Works on the appeal shall be final.
15.01.270 Findings on appeal.
The Director of Public Works shall grant the appeal and issue a permit, subject to any appropriate conditions, if all of the following findings are made:
(A) That the applicant will be substantially damaged by the refusal to grant the permit as requested;
(B) That no other reasonable method of obtaining the desired results is available except as proposed by applicant;
(C) That the granting of the permit will not be materially detrimental to the public interest, safety, health and welfare or injurious to other property; (D) That the project for which the permit is sought will not adversely affect the safety, capacity, or integrity of the City’s right-of-way; (E) That the applicant has substantially complied with the provisions of any prior permits issued to the applicant, and has paid or posted all required fees or bonds, and maintained all required insurance coverage;
(F) That the environmental effects are not significant; (G) That an additional maintenance cost to the City is not created by the encroachment;
(H) That the granting of the permit will not be materially detrimental to the rights, interests or revenues of the City
15.01.280 Emergency suspension of permit.
Whenever the Director of Public Works finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the Director of Public Works may immediately suspend any such permit pending a subsequent hearing for remedial action or revocation. The Director of Public Works shall, within three working days of the emergency suspension of the permit, notify the permittee of such suspension by written notice, personally served upon the permittee, or mailed by first class mail, postage prepaid, to the last known address of the permittee.
The permittee may, within 10 days after service of such a written notice of suspension, request a hearing before the Director of Public Works with regard to such emergency PGCC 3-22-23 ADJOURNED FROM 3-15-23
suspension. The Director of Public Works shall schedule a hearing on the suspension within 10 days of receipt of a request for hearing.
15.01.290 Hearing on emergency suspension of permit.
(A) If the Director of Public Works, after the hearing, finds that cause exists for remedial action, the director shall impose one or more of the following:
(1) A warning;
(2) An order to correct any particular noncompliance;
(3) A revocation of the encroachment permit;
(4) A continued suspension of the encroachment permit;
(5) A modification or reinstatement of the encroachment permit, with conditions. (B) The director shall, within 10 days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the director shall be final.
15.01.300 Suspension or revocation of permit.
Any permit issued pursuant to this chapter may be suspended or revoked upon recommendation of the Director of Public Works:
(A) The permittee has violated any provision of this chapter, or of any agreement entered into with the City related to the permit; or
(B) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or
(C) The encroachment for which the permit was granted adversely affects the safety, capacity or integrity of the City’s right-of-way; or (D) The encroachment is causing the City to incur substantial additional maintenance costs; or
(E) Material misrepresentations were made in the application for the permit.
15.01.310 Hearing on suspension or revocation of permit.
The Director of Public Works shall give the permittee at least 10 days’ written notice of a hearing before the Director of Public Works on the suspension or revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action, except as set forth in Section 13-04.330. The hearing shall be held within 30 days after service of written notice of the hearing. The decision of the Director of Public Works shall be final
15.01.320 Civil penalties and attorneys’ fees.
Any person who violates any provision of this chapter, or any provisions of any permit issued or agreement entered into pursuant to this chapter, shall be civilly liable to City in the sum not to exceed $1000.00 for each day in which such violation occurs. The City may petition the superior court to impose, assess and collect such sums pursuant to this chapter. The court, in any action brought by the City either for civil penalties, pursuant to this section, or for abatement of any encroachment which is a public nuisance, shall award to the City its reasonable costs and attorneys’ fees in bringing such action
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15.01.330 Administrative review.
In addition to any other remedies provided herein, violation of any provision of this chapter shall be subject to an administrative fine or penalty as provided under Chapter 1-30
15.01.340 Authority of Encroachment Officer and inspectors.
The Encroachment Officer and any inspectors acting on his/her behalf shall have authority to enforce any of the provisions set forth herein. In addition, for purposes of the Administrative Review of Ordinance Violations as provided in Chapter 1.16, the Encroachment Officer and any inspectors acting on his/her behalf shall be included within the definition of “Code Enforcement Officer” for purposes of issuing an administrative notice and order.
15.01.350 Penalties for violation.
Any person violating any provision of this chapter, or any permit issued pursuant to this chapter, shall be guilty of a misdemeanor and upon conviction shall be punishable as set forth in Chapter 1.16
15.01.36 Remedies cumulative.
The remedies provided for in this chapter shall be cumulative and not exclusive and shall be in addition to any and all other remedies available to the City.
15.08 House Numbers
15.08 House numbers required – Map – Assigning – Display. (a) Every house and building in the city shall bear a street number in accordance with the city’s house numbering map, on file in the office of the community development department.
(b) The street number of a new house or building shall be that assigned on the building permit for said house or building.
(c) Street numbers affixed to a location on a house or building less than 50 feet from the fronting roadway shall be a minimum of four inches in height. Street numbers so affixed 50 feet or more from the fronting roadway shall be a minimum of five inches in height.
Houses and buildings located more than 100 feet from the fronting roadway shall be approved by the Building Official or designee as to the location and position of posted addresses. All numbers shall have a minimum width of one-half-inch stroke. (d) The numbers shall have or be affixed upon a contrasting background and shall be clearly legible and visible from the roadway.
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(e) Street number signs exceeding either (1) two per address, or (2) one square foot per premises in commercial and industrial areas or 124 square inches in residential areas, shall require review pursuant to Chapter 20.04 PGMC.
(f) In the case of new construction, renovation or remodel, street numbers shall be posted from the first day of such new construction, renovation or remodel. (g) A violation of this section shall be an infraction, and may be prosecuted pursuant to Chapter 1.16 PGMC.
No longer applicable
15.16 Sidewalks
15.16.010 Definitions.
Except as otherwise provided, the following words shall have the meanings ascribed to them in this section:
“Curb line” means the established line to which the edge of curb nearest the center of the street shall be constructed.
“Encroachment” means any unmovable object that impedes the free flow of pedestrian traffic, and includes but is not limited to such things as walls, fences, hedges, trees, shrubbery or ground cover. “Encroachment” also means gravel, rocks, bark, wood chips or other loosely placed material susceptible to scattering beyond the area of initial placement.
“Gutters” means the portion of roadway adjacent to the curbs. “Retaining wall” means any structure placed for the purpose of retaining earth. “Roadway” means the portion of street between the curb lines. “Sidewalk” means the graded or paved portion of the sidewalk space, and also includes curbing, retaining walls or other works for the protection of the sidewalk space. “Sidewalk space” means the portion of street between the property line and the nearest curb line.
15.16.020 Sidewalk width, curb lines established.
The establishment of curb lines and the width of sidewalk space on all public streets shall be fixed by the city. Installation and maintenance of sidewalks shall be in accordance with Council Policy 700-4, “Sidewalk Development.
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15.16.030 Repair procedure.
Owners of property abutting sidewalks, or possessors of sidewalks, shall have the duty of maintaining the same and shall be subject to all of the liabilities and procedures prescribed by Chapter 22, Division 7, Part 3, commencing at Section 5600, of the Streets and Highways Code of the state of California. The Streets and Highways Code, Chapter 22, Maintenance of Sidewalks, provides that the owners of lots or portions of lots fronting any portion of the public street are responsible for maintaining sidewalks in a condition which will not interfere with the public convenience in their use. The city shall have all of the rights therein provided, including the right to lien and collection. No person except city employees, or persons under contract with the city, shall install or repair any curb, gutter, corner ramp, or sidewalk within or along any street in the city without having applied for and received an encroachment permit from the city. Utility encroachments shall also be subject to Chapter 15.30 PGMC. Application for any such permit will be made in writing on a form or forms supplied for that purpose by the city.
15.16.040 Sidewalk encroachment.
It is unlawful to construct, plant, or maintain any encroachment in a sidewalk space, except for city-sponsored amenities and activities, public utilities, mailboxes, bus shelters and benches, and except as permitted under PGMC 15.16.045.
15.16.050 Sidewalk seating and sidewalk dining.
The zoning administrator, after holding a duly noticed public hearing, shall have the authority to allow, deny, or condition placement of tables, chairs, benches, and other normally associated furniture to encroach on public sidewalks abutting eating establishments for sidewalk dining purposes within all commercial zoning districts, subject to the following restrictions and conditions:
(a) Tables, chairs, benches, umbrellas, waiter stands, barriers, tray stands, planters, trash receptacles, and other furniture normally associated with dining (collectively hereafter, for convenience, “furniture”) may be placed on the sidewalk but shall not be placed so as to obstruct the minimum unobstructed pedestrian travel width of the sidewalk defined as a minimum of five feet. All applicable Americans with Disabilities (ADA) requirement minimums shall be met. Sidewalk dining furniture placed on the sidewalk shall be of a consistent design and employ similar materials and colors as approved by the city to complement all other approved sidewalk furniture and fixtures, such as street lights and bicycle racks, throughout the city. (b) Furniture shall not be attached, drilled into, adhered to, chained to, or otherwise affixed to the sidewalk, tree, pole, or other furniture, or to any permanent structure or building.
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(c) Sidewalk dining furniture shall be placed immediately adjacent to and abutting the eating establishment and shall not be placed adjacent to the curb. Exceptions to this requirement may be made for self-serve seating (i.e., no table service). (d) Eating establishments serving alcohol shall delineate and separate the sidewalk dining area with a painted line on the sidewalk surface delineating the allowable area for the sidewalk dining establishment as defined below in subsection (h) of this section approved by the zoning administrator. Eating establishments that do not serve alcohol are not permitted to delineate the sidewalk dining area with a barrier in order to keep the appearance of an open sidewalk.
(e) The line shall be painted a color and width specified by the zoning administrator. (f) Eating establishments, and all others, are prohibited from making any modification to the public sidewalk. Minor patching of holes and cracks, and the elimination of trip and fall hazards, are to be referred to the public works department for modification. (g) Use of sound amplification on the exterior of an eating establishment is prohibited. (h) Sidewalk dining and associated furniture as listed in subsection (a) of this section is prohibited on any public sidewalk that is less than seven feet wide unless the storefront is set back from the back of sidewalk. Further, sidewalk dining and associated furniture shall not occupy more than 45 percent of the gross total width of any public sidewalk. (i) The eating establishment placing the furniture shall provide proof of public liability insurance, naming the city as an additional insured, in the amount and form subject to approval of the city attorney.
(j) Businesses placing furniture shall be responsible for keeping the furniture and immediately surrounding area clean and presentable at all times, and to this end shall promptly clean and remove all litter, spillage, and other materials. (k) Approved sidewalk dining permits allowing placement of furniture or associated furniture may be revoked by the zoning administrator at any time, for violation of any of these restrictions or conditions.
(l) Application for sidewalk dining and placement of furniture shall be made on a form provided by the community and economic development department. The zoning administrator may refer the application to any city department, commission or committee for a recommendation. The decision of the zoning administrator shall be subject to direct appeal to the planning commission in accord with PGMC 23.74.020(b) and 23.74.030.
(m) At least 10 days prior to the zoning administrator’s public hearing on the sidewalk dining permit, the property abutting the sidewalk location shall be posted with notice of the request for and pending decision on the permit. Two identical notices shall be PGCC 3-22-23 ADJOURNED FROM 3-15-23
posted on public property within 200 feet of the property site in positions clearly visible to the public.
(n) Sidewalk dining permits are interruptible and terminable licenses for use granted by the city. No property interest shall be conveyed to the eating establishment or to any other person. The city shall have the right and power, acting through the zoning administrator, to revoke, prohibit, or limit operation and use of a sidewalk dining permit at any time by reason of anticipated, threatened, or actual problems or conflicts in the use for the sidewalk area. Such circumstances may arise from, but are not limited to, changing patterns of sidewalk use, scheduled festivals or similar events, parades or marches, repairs to the street or sidewalk, or for any other reason. (o) Sidewalk dining furniture, equipment, and other amenities must be removed from the public sidewalk dining area for extended periods of eating establishment closure (two weeks or more). The city may require removal during special events, etc. The city shall have the right to unilaterally remove unapproved exterior furniture and/or equipment from the sidewalk dining space, and costs of removal shall be borne by the eating establishment.
(p) Sidewalk dining furniture, equipment, and other amenities shall be constructed of metal, unless an alternative material is approved in advance by the zoning administrator.
(q) Each eating establishment may use umbrellas provided each shall maintain the seven-foot minimum sidewalk clearance for the entire height of the umbrella. The base weight of the umbrella shall be of appropriate size and design to avoid tipping over in the wind. Freestanding gas heaters shall not be utilized where umbrellas are present, for fire safety. Umbrellas shall not bear commercial logos. (r) Each sidewalk dining permit shall require payment of two fees: (1) the general encroachment permit fee (a one-time fee for placing furniture on the public sidewalk); and (2) an annual sidewalk dining license fee associated with continued use of the public sidewalk. The city council shall set both fees by resolution in its master fee schedule.
(s) Applications for each sidewalk dining permit must submit:
(1) Description. A brief written description to include the name and address of the eating establishment, a description of the proposed sidewalk dining space, the number of tables and seats, whether the eating establishments intends to serve alcohol, and whether water credits or water allocations are needed for the proposed permit.
(2) Site Plan. A plan, drawn to scale, showing the proposed sidewalk dining space including all tables, seats, associated furniture, and barrier lines; the plan shall PGCC 3-22-23 ADJOURNED FROM 3-15-23
show all sidewalk clearance dimensions and elevations. Specifications shall be provided for any sidewalk heaters.
(3) Photos or Drawings. Color photos, renderings, and/or graphics shall show the setup, type of furniture, and materials to be used for all surfaces, including barrier lines or umbrellas.
(t) The zoning administrator is authorized to place or modify conditions under this section on sidewalk dining adjacent to eating establishments to promote public health and/or safety, or to address unique site factors that apply to a specific location. (u) Sidewalk dining permits and/or encroachment permits issued under this section do not afford an exclusive right for use by the eating establishment or its patrons. The general public may make reasonable temporary use of the area and furniture at that location provided this public use does not interfere with the sidewalk dining use.
15.16.060 Curbs – Address numbers.
An owner of property may affix the property’s address number to an abutting curb. (a) (b)
15.20 Driveways
15.20.010 Permit to construct, maintain – Required.
No person, firm or corporation shall construct or maintain, or cause to be constructed or maintained any driveway across any public sidewalk or curbing in the city of Pacific Grove without first obtaining a permit therefor from the city engineer.
15.20.020 Construction to conform to plans and specifications.
All construction of such driveways shall be done in a good and workmanlike manner and in conformity with the plans and specifications for such work on file in Community Development Department, and here referred to for further particulars.
15.20.030 Size for single, double – Number per site.
No driveway shall exceed 10 feet for a single driveway or 18 feet for a double driveway on streets 40 feet or more in width, and 12 feet for a single driveway or 20 feet for a double driveway on streets less than 40 feet in width.The driveway width and number may be modified by the Director of Public Works or designee..
15.20.040 Distance from crosswalk.
In the construction of driveways no curbing shall be disturbed within four feet of the regular street crosswalk.
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15.20.050 Apron not to extend into street.
No driveway apron shall extend out into the street further than the face of the curb, and under no circumstances shall such driveway apron extend into the gutter area.
15.20.060 Alteration to conform – Procedure – Lien.
Any existing driveway violating any of the provisions of PGMC 15.20.020 through 15.20.060 inclusive shall be altered to conform to said sections whenever in the judgment of the council the public interest, convenience or safety requires such alteration; provided, however, that the owner, or owners, of the premises affected shall be afforded an opportunity for a hearing prior to any such alteration or alterations being ordered by the council and at least five days’ notice of such hearing in writing, which shall be mailed to such owner, or owners, by the city clerk, postage prepaid, at the Post Office, Pacific Grove, California, addressed to such owner, or owners at their last known address, or in the event the same is unknown, to General Delivery, Pacific Grove, California, and a similar notice shall be posted on the property affected by the city engineer at least five days prior to such hearing. The failure of the clerk to mail such notice shall not, however, affect the jurisdiction of the council to order said work. Upon such hearing the council shall have jurisdiction to order the work done as noticed and the owner, or owners, shall have 10 days thereafter within which to commence said work and a reasonable time thereafter to complete the same. In the event that said work is not commenced by such owner, or owners, within said period of 10 days the city engineer shall cause the same to be done and upon the completion thereof, the cost bill for the same shall be filed by said city engineer in the office of the city clerk and a copy thereof mailed by said clerk, postage prepaid, to the last known address of said owner, or to General Delivery, Pacific Grove, California, and if the bill is not paid into the city treasury by said owner, or owners, within 10 days thereafter the same shall be and become a lien upon the real property affected or benefited by said improvement and shall be a charge against said property on the tax roll and shall be collected at the time and in the manner the general municipal taxes of the city are collected, and shall bear like penalties and carry like interest charges for delinquencies.
Not applicable15.20.070 Exemption.
The provisions of this chapter shall not apply to developments being considered by the community development department under application for use permit.
15.24 Excavations
15.24.010 Permit required – Resurfacing.
(a) Permit Required. Before any person, firm or corporation may cut any pavement or sidewalk or make any excavation in any public street for the purpose of installing or PGCC 3-22-23 ADJOURNED FROM 3-15-23
repairing any sewer, water, gas, electric or other utility pipes, conduits, wires or other structure, he or she shall secure a written permit or authorization therefor from the proper city authority, in accordance with any regulations then in effect and pertaining thereto, and shall pay the required fees and deposits.
(b) Resurfacing. After any such cut is made in any pavement, sidewalk or street, the person or firm doing such work shall immediately upon completion of the work, refill, settle and resurface such cut, to the satisfaction of the city manager. If such work is not done satisfactorily the city may complete the same, and such person or firm will be liable to the city for all costs and expenses in completing such work.
15.26 Telecommunications Facilities in Public Rights-of-Way
15.26.010 Authority.
The city derives the authority for this chapter from the City Charter Articles 4 and 5, and Chapter 2.04 PGMC. This chapter, and any rules, regulations, specifications and agreements adopted pursuant to this chapter, complies with all applicable federal and state law.
15.26.020 Purpose.
This chapter establishes a process for managing, and uniform standards for acting upon, requests for the placement of wireless telecommunications facilities within the rights-of-way of the city of Pacific Grove consistent with the city’s obligation to promote the public health, safety and welfare, to manage the public rights-of-way, and to ensure that the public is not incommoded by the use of the rights-of-way for the placement of wireless telecommunications facilities. The city recognizes the importance of wireless telecommunications facilities to provide high-quality communications service to the residents and businesses within the city, and the city also recognizes its obligation to comply with applicable federal and state law regarding the placement of wireless telecommunications facilities in its rights-of-way, and this chapter shall be interpreted consistent with those provisions.
15.26.030 Scope.
(a) In General. Unless exempted, every person who desires to place a wireless telecommunications facility in the rights-of-way or modify an existing wireless telecommunications facility must obtain a wireless placement permit authorizing the placement or modification.
(b) Exemptions. Except as to this section and PGMC 15.26.050, this chapter does not apply to:
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(1) The placement or modification of wireless telecommunications facilities on supporting structures owned, or under the control of, the city, the use of which is subject to a contract for use of the facility between the city and the entity or entities that own or control the wireless telecommunications facility. (2) The placement or modification of wireless facilities by the city or by any other agency of the state solely for public safety purposes.
(3) Modifications to an existing wireless telecommunications facility that makes no material change to the footprint of a facility or to the surface or subsurface of a public street if the activity does not disrupt or impede traffic in the traveled portion of a street, and if the work activity does not change the visual or audible characteristics of the wireless telecommunications facility. The city, by wireless regulation, may also exempt wireless telecommunications facilities that otherwise are subject to the provisions of this section from the obligation to obtain a permit to install or modify a wireless telecommunications facility where it is determined that because of the physical characteristics of the proposed facilities, and the work associated with them, such a permit is not required to protect the public health, welfare or safety, to maintain the character of a neighborhood or corridor, or to otherwise serve the purposes of this chapter.
(4) Installation of a “cell on wheels,” “cell on truck” or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event; provided, that installation does not involve excavation, movement or removal of existing facilities. (5) Installation of a wireless facility on the strand between two utility poles; provided, that the cumulative volume of all wireless facilities on the strand shall not exceed one cubic foot; and provided further, that the installation does not require replacement of the strand, or excavation, modification or replacement of the utility poles.
(c) Other Applicable Requirements. In addition to the wireless telecommunications permit required herein, the placement of a wireless telecommunications facility in the public rights-of-way requires the persons who will own or control those facilities to obtain the franchises and permits required by applicable law, and to comply with applicable law.
(d) Public Use. Except as otherwise provided by California law, any use of the right-ofway authorized pursuant to this chapter will be subordinate to the city’s use and use by the public.
15.26.040 Definitions.
Terms used in this chapter shall have the following meanings:
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“Applicant” means a person filing an application for placement or modification of a wireless telecommunications facility in the rights-of-way. “Application” means a formal request, including all required and requested documentation and information submitted by an applicant to the city, for a wireless placement permit.
Base Station. The term “base station” shall have the same meaning as in 47 C.F.R.
Section 1.40001, as may be amended.
“Certificate of completion” means a document that is required from and issued by the city confirming all work described in the application, as approved: (a) was properly permitted, including, without limitation, all required permits for building, electrical work, street or curb cutting, and excavation; (b) was done in compliance with and fulfillment of all conditions of all permits, including all stated deadlines; (c) was fully constructed or placed as approved and permitted; and (d) was finally inspected by the city, and was approved by the city after said final inspection.
“Rights-of-way” means any portion of any road or public way which the city has the responsibility to maintain or manage.
“Support structure” means any structure capable of supporting a base station. “Tower” means any structure built for the sole or primary purpose of supporting any Federal Communications Commission (FCC) licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.
“Underground areas” means those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages more than 35,000 volts.
“Utility pole” means a structure in the rights-of-way designed to support electric, telephone and similar utility lines. A tower is not a utility pole. “Wireless infrastructure provider” means a person that owns, controls, operates or manages a wireless telecommunications facility or portion thereof within the right-ofway.
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“Wireless permit” means a permit issued pursuant to this chapter and authorizing the placement or modification of a wireless telecommunications facility of a design specified in the permit at a particular location within the rights-of-way; and the modification of any existing support structure to which the wireless telecommunications facility is proposed to be attached.
“Wireless regulations” means those regulations adopted pursuant to PGMC 15.26.050 and implementing the provisions of this chapter. “Wireless service provider” means an entity that provides wireless services to end users.
“Wireless telecommunications facility” or “facility” means a facility at a fixed location consisting of a base station, any accessory equipment, and the tower, if any, associated with the base station.
15.26.050 Administration.
(a) City Manager. The city manager or designee is responsible for administering this chapter. As part of the administration of this chapter, the city manager or designee may:
(1) Adopt regulations governing the placement and modification of wireless telecommunications facilities consistent with the requirements of this chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless telecommunications facilities; (2) Interpret the provisions of this chapter;
(3) As part of the foregoing, develop acceptable designs for wireless telecommunications facilities in particular corridors, taking into account the zoning districts bounding the rights-of-way;
(4) Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;
(5) Develop forms and procedures for submission of applications for placement or modification of wireless telecommunications facilities, and proposed changes to any support structure consistent with this chapter;
(6) Collect, as a condition of the completeness of any application, any fee established by resolution of the city council;
(7) Require, as part of and as a condition of completeness of any application, notice to members of the public that may be affected by the placement or PGCC 3-22-23 ADJOURNED FROM 3-15-23
modification of the wireless telecommunications facility, and proposed changes to any support structure;
(8) Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with federal laws and regulations;
(9) Subject to appeal as provided herein, determine whether to grant, grant subject to conditions, or deny an application; and
(10) Take such other steps as may be required to timely act upon applications for placement of wireless telecommunications facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.
(b) Appeal.
(1) Any person adversely affected by the decision of the city manager may appeal the decision to the city council, which may decide the issues de novo, and whose written decision will be the final decision of the city. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the wireless telecommunications facility. (2) Where the city manager grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the city council. Otherwise, appeals that involve eligible facilities requests, as defined in 47 C.F.R. Section 1.40001, as may be amended, must be filed within five business days of the written decision of the city manager; all other appeals must be filed within 10 business days of the written decision of the city manager, unless the city manager extends the time therefor. An extension may not be granted where extension would result in approval of the application by operation of law.
(3) Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.
15.26.060 General standards for wireless telecommunications facilities in the rights-of-way.
(a) Generally. Wireless telecommunications facilities shall meet the minimum requirements set forth in this chapter and the wireless regulations, in addition to the requirements of any other applicable law.
(b) Regulations. The wireless regulations and decisions on applications for placement of wireless telecommunications facilities in the rights-of-way shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that applicant PGCC 3-22-23 ADJOURNED FROM 3-15-23
has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this chapter and the wireless regulations manual may be waived, but only to the minimum extent required to avoid the prohibition.
(c) Standards. Wireless telecommunications facilities shall be installed and modified in a manner that minimizes risks to public safety, avoids placement of aboveground facilities in underground areas, avoids installation of new support structures or equipment cabinets in the public rights-of-way and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located. City shall ensure that wireless telecommunications facilities are subject to periodic review to minimize the intrusion on the rights-of-way; that the city bears no risk, liability, or expense as a result of the installations; that the facilities do not inconvenience the public, or interfere with the primary uses of the public rights-of-way; and that the facilities do not hinder the ability of the city or other government agencies to improve, modify, relocate, abandon or vacate the public rights-of-way or any portion thereof, or damage or otherwise unduly interfere with other structures in the rights-of-way.
(d) Concealment. Permits for wireless telecommunications facilities shall incorporate specific concealment elements to minimize visual impacts, and design requirements ensuring compliance with all standards for noise emissions. Unless it is determined that another design is less intrusive, or placement is required under applicable law:
(1) Antennas located at the top of support structures shall be incorporated into the structure or placed within shrouds of a size such that the antenna appears to be part of the support structure.
(2) Antennas placed elsewhere on a support structure shall be integrated into the structure or be designed and placed to minimize visual impacts. (3) Radio units or equipment cabinets holding radio units and mounted on a utility pole shall be placed as high as possible on a support structure, placed to avoid interfering or creating any hazard to any other use of the public rights-of-way, and located on one side of the utility pole. Unless the radio units or equipment cabinets can be concealed by appropriate traffic signage, radio units or equipment cabinets mounted below the communications space on utility poles shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the support structure on which they are placed.
(4) Wiring and cabling shall be neat and concealed within or flush to the support structure, ensuring concealment of these components to the greatest extent possible.
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(5) Ground-mounted equipment associated with a wireless telecommunications facility shall be permitted only where consistent with the portion of the corridor in which it is to be placed, and may be required to be underground, located in alleys or otherwise shielded. In no event may ground-mounted equipment interfere with pedestrian or vehicular traffic.
(6) No permit shall be issued or effective unless it is shown that the wireless telecommunications facility will comply with FCC regulations governing radio frequency (“RF”) emissions. Every wireless facility shall at all times comply with applicable FCC regulations governing RF emissions, and failure to comply shall be treated as a material violation of the terms of any permit or lease. (7) No towers shall be permitted in the public rights-of-way, and no wireless telecommunications facilities shall be permitted above-ground in underground areas; provided, that the city may permit placements where all elements of the wireless telecommunications facility are concealed, and the facility does not appear to a casual observer to be a wireless telecommunications facility. (8) No permit shall issue except to wireless service providers with immediate plans for use of the proposed wireless telecommunications facility, or wireless infrastructure providers with contracts with wireless service providers which require the service provider immediately to use the proposed wireless telecommunications facility.
15.26.070 Application submission requirements.
(a) Submission. Unless the wireless regulations otherwise provide, applicant shall submit a paper copy and an electronic copy of any application, amendments or supplements to an application, or responses to requests for information regarding an application to the city manager.
(b) Content. An application must contain:
(1) Any information required pursuant to the wireless regulations. (2) The name of the applicant, its telephone number and contact information, and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the wireless telecommunications facility.
(3) A complete description of the proposed wireless telecommunications facility and the work that will be required to install or modify it, including but not limited to detail regarding proposed excavations, if any; detailed site plans showing the location of the wireless telecommunications facility, and specifications for each element of the wireless telecommunications facility, clearly describing the site and all structures and facilities at the site before and after installation or modification; PGCC 3-22-23 ADJOURNED FROM 3-15-23
and describing the distance to the nearest residential dwelling unit and any historical structure within 500 feet of the facility. Before and after 360-degree photo simulations must be provided. The electronic version of an application must be in a standard format that can be easily uploaded on a web page for review by the public.
(4) If the application is an eligible facilities request, within the meaning of 47 C.F.R.
Section 1.40001, as may be amended, the application must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must show that there is an existing wireless telecommunications facility that was approved by the city pursuant to this chapter. Before and after 360-degree photo simulations must be provided; which and detailed specification of the (1) An application for a permit shall be submitted in the format and manner specified by the wireless facilities regulations, as applicable. For permits for wireless telecommunications facilities, if no form or manner has been specified, applications must contain all information necessary to show that applicant is entitled to the permit requested.
(5) If applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies in support of that claim. Applicants are not permitted to supplement this showing if doing so would prevent city from complying with any deadline for action on an application.
(6) Proof that notice has been mailed to owners of all property within 300 feet of the proposed wireless telecommunications facility.
(7) Any required fees.
(c) Fees. For wireless telecommunications facilities, applicant must provide an initial deposit and agree as part of its application to pay all costs reasonably incurred by city in reviewing the application, including costs incurred in retaining outside consultants. Fees shall be reviewed periodically and raised or lowered based on costs the city expects to incur, with a review commencing by the first anniversary of the effective date of the ordinance codified in this chapter.
(d) Waivers. Requests for waivers from any requirement of this section shall be made in writing to the city manager or designee. The same may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the city will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought.
(e) Rejection for Incompleteness. For personal wireless facilities, as that term is defined under federal law, and eligible facilities requests, as that term is defined under federal law, applications will be processed, and notices of incompleteness provided, in PGCC 3-22-23 ADJOURNED FROM 3-15-23
conformity with state, and local and federal law. If such an application is incomplete, it may be rejected by a written order specifying the material omitted from the application, or the city may notify the applicant of the material omitted and provide an opportunity to submit the missing material.
15.26.080 Termination of permit/breach.
(a) For Breach. A wireless telecommunications permit may be revoked for failure to comply with the conditions of the permit, franchise or applicable law. Upon revocation, the wireless telecommunications facility must be removed; provided, that removal of support structure owned by city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city. All costs incurred by the city in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless telecommunications facility. (b) For Installation without a Permit. A wireless telecommunications facility installed without a wireless permit (except for those exempted by this chapter) must be removed; provided, that a support structure owned by city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city. All costs incurred by the city in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless telecommunications facility. (c) Term. A wireless permit, other than a permit issued pursuant to an eligible facilities request, shall be valid for a period of 10 years. An eligible facilities permit shall expire at the same time the permit for the underlying existing wireless telecommunications facility expires. A person holding a wireless telecommunications permit must either remove the wireless telecommunications facility upon expiration (provided, that a support structure owned by city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city); or, at least 90 days prior to expiration, must submit an application to renew the permit, which application must demonstrate that the impact of the wireless telecommunications facility cannot be reduced. The wireless telecommunications facility must remain in place until it is acted upon by the city, and any appeals from the city’s decision exhausted.
(d) Municipal Infraction. Any violation of this chapter may be enforced pursuant to Chapters 1.16 and 1.19 PGMC.
15.26.090 Vertical infrastructure controlled by city.
The city, as a matter of policy, will negotiate agreements for use of city owned or controlled light standards and traffic signals in the public rights-of-way. The placement of wireless telecommunications facilities on those structures shall be subject to the agreement. The agreement shall specify the compensation to the city for use of the PGCC 3-22-23 ADJOURNED FROM 3-15-23
structures. The person seeking the agreement shall additionally reimburse the city for all costs the city incurs in connection with its review of, and action upon, the person’s request for an agreement.
15.26.100 Nondiscrimination.
In establishing the rights, obligations and conditions set forth in this chapter, it is the intent of the city to treat each applicant or public right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the public rights-of-way.
15.28 Utility Poles
15.28.010 Regulation of placement on Lighthouse Avenue.
There shall be no telephone, telegraph, electric light, or other light or power poles or posts in or upon Lighthouse Avenue from its intersection with the westerly line of Nineteenth Street to the easterly line of Fountain Avenue, but nothing herein shall apply to the street lighting system of the city for said street.
15.29 Undergrounding Utilities
15.29.010 Definitions.
Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
“Commission” means the Public Utilities Commission of the state of California. “Person” means and includes individuals, firms, corporations, partnerships, and their agents and employees.
“Poles, overhead wires and associated overhead structures” means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossbeams, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service. “Underground utility district” or “district” means that area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of PGMC 15.29.030.
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“Utility” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
15.29.020 Public hearing by council.
The council may, from time to time, call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The city clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least 10 days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.
15.29.030 Designating districts by resolution.
If, after any such public hearing, the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. The resolution shall include a description of the area comprising the district and shall fix the time within which the removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for removal and for the installation of such underground facilities as may be occasioned thereby.
15.29.040 Unlawful acts.
Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in PGMC 15.29.030 hereof, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed by resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in PGMC 15.29.090 hereof, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.
15.29.050 Exception for emergency or unusual circumstances.
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed 10 days, without authority of the council in order PGCC 3-22-23 ADJOURNED FROM 3-15-23
to provide emergency service. The council may grant special permission, on such terms as the council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.
15.29.060 Other exceptions.
This chapter and any resolution adopted pursuant to PGMC 15.29.030 hereof shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
(a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer;
(b) Poles, or electroliers used exclusively for street lighting; (c) Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited; (d) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts; (e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street; (f) Antennas, associated equipment and supporting structures, used by a utility for furnishing communication services;
(g) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts;
(h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.
15.29.070 Notice to property owners, utility companies.
Within 10 days after the effective date of a resolution adopted pursuant to PGMC 15.29.030 hereof, the city clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof.
The city clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all PGCC 3-22-23 ADJOURNED FROM 3-15-23
necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.
Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to PGMC 15.29.030, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
15.29.080 Responsibility of utility companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to PGMC 15.29.030 hereof, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations, and tariffs on file with the commission.
15.29.090 Responsibility of property owners.
(a) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his or her property between the facilities referred to in PGMC 15.29.080 and the termination facility on or within the building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to PGMC 15.29.030 hereof, the city engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within 10 days after receipt of such notice. (b) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner’s name appears, and must be addressed to such owner’s last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, city of Pacific Grove. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the city engineer shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by 10 inches in size, to be posted in a conspicuous place, on said premises.
(c) The notice given by the city engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if the PGCC 3-22-23 ADJOURNED FROM 3-15-23
work is not completed within 30 days after receipt of such notice, the city engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.
(d) If upon the expiration of the 30-day period, the required underground facilities have not been provided, the city engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the city engineer shall in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the city engineer, he or she shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than 10 days thereafter. (e) The city engineer shall forthwith, upon the time for hearing protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon such report and will hear protests against the assessment. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.
(g) If any assessment is not paid within five days after its confirmation by the council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the city engineer, and the city engineer is directed to turn over to the assessor and tax collector and record with the county recorder a notice of lien on each of the properties on which the assessment has not been paid. The assessment shall be due and payable at the same time as the property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent per annum.
15.29.100 Responsibility of city.
The city shall remove at its own expense all city-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to PGMC 15.29.030 hereof.
15.29.110 Extension of time.
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In the event that any act required by this chapter or by a resolution adopted pursuant to PGMC 15.29.030 hereof cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.
15.29.120 Enforcement.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and may be prosecuted pursuant to Chapter 1.16 PGMC.
15.30 Utility Encroachments in Public Rights-of-Way
NA
15.40 Refuse and Storage Containers on City Streets
15.40.010 Definitions.
For the purpose of this chapter the following terms shall apply:
“City” shall mean the city of Pacific Grove.
“Large refuse containers” shall mean refuse containers in excess of 100-gallon capacity used for collection of garbage, rubbish and/or refuse, which containers are kept on or placed for collection on any city streets, roadway or alley. “Storage containers” shall mean any container, storage unit, shed-like container, “portable on-demand storage structures (PODS),” or other portable structure that can be or is used for any purpose and is placed on any public street, roadway or alley.
15.40.020 Permit required for storage container or refuse container on city street. (a) No person shall cause or allow a large refuse container or storage container to be placed on any city street, roadway or alley without first obtaining a permit from the city. (b) Before placing a large refuse container or storage container on any city street, roadway or alley a person must submit an application and receive a permit from the police department. An insurance certificate providing liability insurance in the amount of $100,000 provided by the company supplying the refuse container or storage container must accompany the permit application. The fee for such permit shall be set forth by the city council.
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15.40.030 Permits for storage containers.
Storage container permits will be granted for a period of seven days. At the expiration of the seven-day period applicants may seek a one-time extension of their permits for an additional seven days by submitting an extension application for cause to the police department. Permit fees and any fee for extension thereof will be set forth by resolution of the city council. No applicant shall be granted more than two storage container permits within any 12-month period. An extension of a permit shall be deemed to be a second permit. Only one refuse container or storage container unit may be placed pursuant to a permit and permits shall not be granted so as to run either concurrently or consecutively except in the case of an extension.
15.40.040 Permits for large refuse containers.
Large refuse container permits will be granted for a period of seven days. At the expiration of the seven-day period, applicants may seek a one-time extension of their permit for an additional seven days by submitting an extension application for cause to the police department. Permit fees and any fee for extension thereof will be set forth by resolution of the city council. No applicant shall be granted more than two refuse container permits within any 12-month period. An extension of a permit shall be deemed to be a second permit. Only one refuse container unit may be placed pursuant to a permit and permits shall not be granted so as to run either concurrently or consecutively except in the case of an extension.
15.40.050 Permitted use with a valid building permit.
(a) The provisions of this chapter shall not apply to the use or placement of construction refuse containers or storage containers pursuant to a valid building permit. (b) Persons obtaining a building permit from the city must receive approval from the police department and the community development department for the location and duration of the placement of the refuse container and/or storage container prior to the issuance of said building permit. There shall be no fees associated with the approved placement of the construction refuse container or the storage container with a valid building permit if said container is placed on private property.
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RESOLUTION NO. 23-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE FINDING THE
PARKLET PROGRAM IS CATEGORICALLY EXEMPT PROJECT UNDER CEQA GUIDELINES AND
ESTABLISHING PARKLET GUIDELINES
FINDINGS
1. Parklets repurpose public space, such as on-street parking, into areas that allow use either by local business for restaurant or retail purposes, and also to provide public community space; and
2. In response to the Covid-19 pandemic, the City implemented a temporary Parklet Program that authorized temporary outdoor dining and retail activities in public spaces, including approving the development of temporary parklets in on-street parking locations based on specified development and safety requirements; and
3. Parklets have allowed City businesses to continue to operate in a safe manner during the Covid-19 pandemic by providing a space for outdoor dining and retail activity; and
4. Parklets have also increased pedestrian activity in the downtown, and have played an important role in activating and enlivening the downtown area; and
5. Based on the success of the City’s temporary parklet program, the City has adopted an updated Encroachment Ordinance to provide for the establishment of parklets pursuant to a ministerial encroachment permit; and
6. The City desires to adopt guidelines for the establishment, required standards, and operation of parklets (“Parklet Guidelines”); and
7. The City Council held a duly noticed public hearing on April 5, 2023; and WHEREAS, the City Council finds that the Parklet Guidelines are consistent with the goals and policies of the City’s General Plan to preserve, maintain, and enhance the character and quality of life in Pacific Grove; and are consistent with the City’s Climate Action Plan since it will encourage pedestrian use of the downtown area and utilize outdoor spaces; and
8. The City Council finds that that adoption of the Parklet Guidelines is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(c), as a minor alteration to existing public or private facilities because the actions identified in the program are limited to the permitting, leasing, and minor alteration of existing public facilities, including existing streets, sidewalks, bicycle and pedestrian trails, which would not result in the creation of additional automobile lanes. The program would result in a negligible expansion of existing commercial uses and a negligible expansion of the public’s use of City rightof-way, as the uses included in the program would not vary from the current uses of commercial businesses, residential areas, or public access within the City’s right-of-way. The proposed project consists of allowing minor site alterations to create temporary ancillary outdoor dining areas or curbside/storefront pick-up areas for existing retail businesses and restaurants. Moreover, encroachment permits issued annually would remain temporary, not permanent uses and subject to initial and annual ministerial approval under a Parklet Program. The project would not have a significant effect on the environment. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Monterey in accordance with CEQA Guidelines.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE:
1. The above findings are true and correct and incorporated herein by reference.
2. The City Council adopts the Parklet Guidelines attached as Exhibit A to this Resolution, which Guidelines may be administered consistent with the City Municipal Code Title 15.
All parklet installations must be consistent with the Parklet Guidelines, unless otherwise provided in the City Municipal Code.
4. The Parklet Guidelines shall be immediately effective upon the adoption of this Resolution.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this 5th day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
APPROVED: __________________________
BILL PEAKE, Mayor
ATTEST: ______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
______________________________
BRIAN A. PIERIK, City Attorney
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DRAFT
CITY OF PACIFIC GROVE
PARKLET AND OUTDOOR
DINING PROGRAM
GUIDELINES
PGCC 3-22-23 ADJOURNED FROM 3-15-23
Table of Contents
1. Purpose
2. Definitions
3. Location Criteria
4. General Overview
5. Parklet Requirements
6. Parklet Design Elements
7. Outdoor Dining
8. Street and Sidewalk Curb Interface; Drainage and Utilities
9. Application and Permitting Process – Permit and Renewal Process
10. Permit Fees
11. Additional Requirements
12. Lighting
13. Fire Protection
14. Maintenance Plan
15. Permit Suspension or Revocation
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1. PURPOSE
The City of Pacific Grove parklet program attempts to facilitate a partnership between the City of Pacific Grove and the public to safely delineate and repurpose certain spaces within public streets that have historically been utilized for functions such as on street parking. Through the placement of parklets within the public right-of-way and the implementation of associated safety measures, parklets could reprogram public space through the inclusion of amenities such as seating and dining. Collectively, parklets broaden the potential for the public right-of-way and create vitality and activity in the City’s commercial districts.
This Guideline is an overview of the goals, policies, processes, procedures associated with the creation of parklets within the public right-of-way. Applicants and designers in the City of Pacific Grove are strongly encouraged to read this Guideline in its entirety when they are first thinking about proposing a parklet and utilize it as a reference as the project moves through the design, permitting and construction phases.
Understanding what the program is attempting to achieve and the process and regulations for a successful parklet may reduce the time it takes to receive a permit and will likely result in a superior design.
The Parklet Program Guidelines focuses on activating space within the public right-of-way that generally falls within the curb zone as depicted in “Figure 1 – Frontage Zones”. Proposals to activate exterior spaces within the “frontage zone” described on this exhibit or on private property fall under separate approval and permitting processes and any applicant attempting to activate these areas should first contact the Community Development Department.
2. DEFINITIONS
• “Private Parklet in the Public right-of-way” means a temporary, non-structural platform constructed within the traveled portion of right-of-way that replaces one or more parallel, perpendicular, or diagonal parking space(s) and all associated furnishings. A platform may be built to bring the grade of the sidewalk out into the street. Once the platform is installed, furnishings such as tables, chairs, benches, bike parking, and/or landscaping may be placed on the platform. Parklets must be placed in the Curb Zone as described in Figure 1 - Frontage Zones. City staff can make alternative dimensional requirements based on site conditions. The owner of a private parklet may limit the use of the parklet to members of the public who patronize the sponsoring business.
• “Existing Parklet” means a parklet that obtained the required encroachment permit during the temporary parklet program period.
• “New Parklet” means a parklet that has not ever received any type of encroachment permit or city approval to operate.
• “Shared Space” means underutilized areas of public streets or areas of the public right-of-way not specific to parking uses or defined a pedestrian or vehicular travel ways.
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• “Through Zone” means the unobstructed area of sidewalk where primary pedestrian circulation occurs. The Through Zone shall always remain free and clear of physical obstructions.
• “Frontage Zone” means the sidewalk area between the Through Zone and the front ofthe adjacent property/building which may accommodate pedestrian oriented activities or sidewalk dining.
• “Furnishing Zone” means the area between the Through Zone and the Curb Zonewhere streetscape amenities such as planter boxes, streetlights and tree wells are typically located. • “Curb Zone” means the area located between the Furnishing Zone and the vehicular or bicycle travel lane and defines the boundary between the pedestrian realm and the roadway. The Curb Zone only exists in areas that contain parallel, perpendicular, or diagonal public parking along the curb line.
• “Sidewalk dining” means Tables, chairs, benches, umbrellas, waiter stands, barriers, tray stands, planters, trash receptacles, and other furniture normally associated with dining (collectively hereafter, for convenience, “furniture”) may be placed on the sidewalk but shall not be placed to obstruct the minimum unobstructed pedestrian travel width of the sidewalk defined as a minimum of five feet. All applicable Americans with Disabilities (ADA) requirement minimums shall be met. Sidewalk dining furniture placed on the sidewalk shall be of a consistent design and employ similar materials and colors as approved by the city to complement all other approved sidewalk furniture and fixtures, such as streetlights and bicycle racks, throughout the city.
Figure 1 - Frontage Zones
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3. LOCATION CRITERIA
• The first step associated with the development of a Parklet is to select the appropriate location.
All applicants must request a site meeting with City staff to establish and agree to the location. • Parklets can be sited along the curb line on streets where on-street parking spaces exist. They may be in any location where there are or would be space(s) for on street parallel, diagonal or perpendicular parking.
Parklets can be considered in metered or unmetered spaces and the location must first be approved by City staff. They may take a maximum of two (2) parking spaces which are located in front of the associated business.
• All locations must be approved by City staff prior to an encroachment permit application being accepted.
City staff does have the authority to make exceptions when a hardship exists.
4. GENERALOVERVIEW
• It is the responsibility of the permittee to ensure that the Parklet always remains in compliance with this Guidelines, the conditions of the permit and the requirements set forth in Chapter 15 of the Pacific Grove Municipal Code. Regular maintenance activities should be performed per the required Maintenance Plan. The area should be kept clean and inviting for members of the public. The Parklet must also experience continuous use and must always be associated with an operating business. Specific conditions will be added to the permit that allow for an immediate revocation of the permit if the Parklet does not experience continues use for more than 20 calendar days or if the sponsoring business is no longer operating. Staff may extend this deadline.
• Parklet shall not create an unsafe condition by limiting necessary line of sight from driver to signage, traffic, or pedestrians.
• Applicant to be responsible for any damage to City property including, but not limited to, streets, curbs, sidewalks, gutters, and catch basins.
• Access to the main doors and exit doors to adjacent businesses must be maintained to the public right of way for emergency access and egress per the uniform building code. A continuous parklet throughout the frontage of a business (es) with no access to the businesses is not allowed. • Parklets shall provide compliant disability access in accordance with current uniform building code standards and shall be in compliance with American Disability Act (ADA) standards. • Parklets are not permitted in bus stops. They may be located adjacent to bus stops if adequate clearances and sight distance is provided, as determined by the Department of Public Works.
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• The applicant shall apply for and receive an approved encroachment permit from the Department of Public Works and encroachment agreement from CDD prior to starting any construction of the Parklet or work in the City’s right of way.
• Installation of this temporary Parklet is at Permittee’s own expense and risk.
5. PARKLET REQUIREMENTS
• The City of Pacific Grove Community Development Department (CDD) is responsible for ensuring that Parklets are well designed, safe and a positive addition to the public right-of-way. CDD’s Building division will be your primary point of contact throughout the design, permitting and construction phases. City staff will assist with the resolution of any design issues, if necessary, and will ensure that Parklets reflect the goals and intent of the program.
• The Parklet design must ensure visibility to passing traffic and pedestrians and not create a visual barrier. • The Parklet shall be visible by motorists, pedestrians and members of the public utilizing the public right of way.
• A minimum 36” ADA accessible entryway to the Parklet must be maintained. • Self-initiated removal: If the applicant decides to no longer use the Parklet, or the permit has expired, the applicant is responsible for removing the Parklet and all related elements and restoring the public right-ofway to its original condition. Failure to remove the Parklet and/or restore the road will result in forfeiting the maintenance deposit. Applicants shall reimburse the City for any costs to remove the Parklet and/or restore the road that exceed.
• Tents are not allowed.
• It is the applicant’s responsibility to acquire an appropriately licensed contractor to complete the installation. The contractor will be responsible for implementing any necessary traffic or pedestrian controls needed to keep the area safe during construction. City inspectors will review all work performed under the permit.
• Parklet applications will be reviewed against the current codes, polices and standards in effect at the time of parklet application submittal. The Guidelines mention specific requirements that are addressed in Federal, State and Local municipal codes in effect at the time of publication. Although the Guidelines will be revised in the future to address new code adoptions, there may be times in which the Guidelines do not accurately describe all applicable code requirements.
• The use of sound amplification in the outdoor dining area or Parklet is allowed but shall be limited to the hours of dining service, and in no event shall be allowed before 10:00 a.m. or after 10:00 p.m. Without a permit pursuant to PGMC 11.94.010 it shall be impermissible to operate or cause to operate or suffer or permit the operation of sound-amplifying device under any circumstances whereby sounds therefrom become audible and disturbing to a person or persons beyond the boundaries PGCC 3-22-23 ADJOURNED FROM 3-15-23
of the dining area or Parklet on which the amplification occurs. • As part of the initial review process, the City will determine any conflicts with future programed City sponsored capital improvement projects. The City may reject or delay the initial permit approval, or the extension of any existing permits, if a Parklet conflicts with any scheduled City street scape improvement or utility projects.
6. PARKLET DESIGN ELEMENTS
• The decking material shall be durable, non-reflective, slip resistant, devoid of any tripping hazards and shall withstand outdoor conditions. Surface materials shall not be prone to corrosion and shall be able to withstand power-washing when needed.
• The parklet should have a notable, defined edge along the side of the parklet facing the roadway and adjacent parking stalls. Depending on the context, the edge should be between 30 and 42 inches in height on the street side.
• Continuous opaque walls higher than 42 inches that allow views into the parklet from the surrounding streetscape are allowed. However, narrow support pillars/columns or posts may be built above 36 inches to mount lighting fixtures, lighting strings, or speakers. • Canopies - A canopy is defined as a structure or architectural projection of rigid construction over which a covering is attached that provides weather protection, identity or decoration. Canopies are not encouraged and cannot fully enclose the space and must allow for adequate air flow. Enclosure amounts cannot exceed 50% of the total vertical facade. Canopies must comply with current regulations. All canopy material must be fire resistant.
• Umbrellas - Umbrellas shall be fire-retardant, pressure-treated or manufactured of fire-resistant material.
No portion of the umbrella shall be less than eighty-four (84) inches above the parklet or walking surface. • Parklets shall include seating. Seating can be integrated in a variety of creative ways. Seats can be a part of the structure, planters, or creative features within the parklet. Seating and tables can also be movable as well. This seating can be removed and stored at the end of the day or locked with cables to the parklet structure.
• Moveable seating must stay within the parklet. It is the responsibility of the restaurant to make sure patrons are not moving seats onto the sidewalk and blocking the right of way. • Signs are allowed provided the sign area does not exceed 6 square feet and does not impact traffic or presents a hazard. (24 inches by 36 inches). Illuminated signage is not allowed. Sign copy is limited to business identification. The signage should correlate in design with the signage on the primary building.
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7. OUTDOOR DINING
• Outdoor dining, not to exceed eight seats and four tables, will be permitted adjacent to the building of a permitted restaurant . A 4’0” clearance must be maintained on the sidewalk between the tables and chairs and the curb at all times. Typically if a business has a parklet, outdoor dining next the building would not be allowed, unless it was shown that the four foot clearance can be maintained at all times for sidewalk pedestrians. The actual number of tables and chairs will depend on the number that fit, given the linear footage of the storefront. The entrance of the restaurant must remain clear of tables and chairs at all times.
8. STREET AND SIDEWALK CURB INTERFACE; DRAINAGE AND UTILITIES • The Parklet shall not be built upon or over the curb and sidewalk. • The Parklet must have a seamless connection to the existing curb to meet ADA requirements. The maximum horizontal gap between the curb and the Parklet surface shall be 1/2 inch; The maximum vertical gap shall be 1/4 inch.
• Parklets may not block a hydrant. If there is a fire hydrant in or around the proposed Parklet location, the design must be approved by the Monterey Fire Department. • Parklets may not be constructed over (or block) utility access panels, manholes, water valves, storm drains, or fire hydrant shut-off valves. Applicants must maintain at least 3’ (three) clearance to any utility, including but not limited to those mentioned previously. Access may require that a Parklet permitee temporarily remove all or a portion the constructed parklet.
• Parklets should allow for curbside drainage flow. The applicant shall provide a plan showing the proposed design of the Parklet with sufficient detail acceptable to the city. An ADA-rated transition strip drain may be required to be placed between the curb and parklet decking along the entire length to ensure positive drainage off Parklet and sidewalk. The Parklet may not impede the flow of storm water in the street curb and gutter. The applicant’s plan may include minimum 6” gap from the face of the curb or other drainage systems as long as the storm water on the roadway is not impeded by the Parklet openings at either end of the Parklet may be covered with screens to prevent debris buildup beneath the platform and in the gutter.
Roof drains from the property which deliver stormwater flow to the curb and gutter shall be addressed with the applicant’s design and shall include a utility box to access the drainage systems for cleaning. • It is the responsibility of the Parklet permittee to clean the Parklet drainage system to prevent any backup of storm water. All Parklets must provide access through the Parklet platform or threshold to the gutter adjacent to the curb.
• The transition grated bridge strip requirement may be waived by Public Works depending on site conditions (i.e. longitudinal sloping).
• Business owners are fully responsible for assuring that their platforms and other outdoor features are constructed and maintained in a manner that allows the free flow of water and does not result in flooding. • Parklet shall not cause ponding in the street, gutter nor sidewalk.
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• Parklet owners are required to clean and test the Parklet storm drain systems prior to December 1st of each year to make sure they are functioning correctly.
9. APPLICATION AND PERMITTING PR0CESS – Permit and Renewal Process • Parklet Encroachment Permits will be issued for a 12-month period. The applicant will be eligible to apply for a renewed encroachment permit prior to the permit expiration. An approved renewal will result in the issuance of a new Encroachment Permit. The following required prior to approving the renewal:
o Encroachment Permit – Renewal Processing Fee
o Encroachment permit application completed.
o Certificate of Insurance with City of Pacific Grove as additional insured o Submit a parklet /outdoor dining maintenance plan.
o May require a water permit.
o A seating and site plan will be required.
10. PERMIT FEES
• Processing, plan review, public noticing and inspection fees will be applied to all new parklet applications. A renewal fee will also be applied to the annual renewal of any approved Parklet Encroachment Permit. Fees shall be established by City Council and can be found in the city fee schedule.
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11. ADDITIONAL REQUIREMENTS
12. Monterey Regional Water Management District
• The installation of a Private Parklet MAY result in an increase in the restaurant seat count or useable square footage associated with the business operation. Please contact the district at (831) 658-5600 for the current requirements.
13. California Coastal Commission
• If a parklet is located in coastal zone, a Coastal Development Permit may be required. This review will be part of the encroachment review process.
14. California Alcoholic Beverage Control (ABC)
• Applicants shall comply with all applicable ABC regulations regarding alcohol use for their establishment within the parklet. The issuance of an Encroachment Permit does not constitute any ABC or Zoning approvals for alcohol use by the City. Applicants are solely responsible for securing a valid ABC license to allow/extend business operations within the encroachment area.
15. Parklet Proposed in Shared Space
• Most Parklets will be installed within existing public parking spaces located along a public street. In certain situations, the street and sidewalk are configured in a fashion that creates additional areas in the public right- of-way that are not used for sidewalks, parking, or vehicular travel lanes. Installations within Shared Space will need to incorporate unique features to conform to the available area and the Guidelines may not accurately describe all the specific requirements. An applicant wishing to install a Parklet within a Shared Space must consult with the City’s Community Development Department prior to submitting formal applications.
16. Fire Protection
• Clear access must be always provided to fire hydrants and fire department connections (FDC). Parklets and/or sidewalk dining must be placed at least 3’ from any existing fire hydrant or fire department connection (FDC). Parklets may not impede any aerial access to adjacent structures. A reduced separation from hydrants and FDCs may be approved by the Fire Marshal in areas where the orientation of the existing fire hydrant or the surrounding features reduces the access impacts that an adjacent Parklet would normally create. • A fire extinguisher shall be placed in close proximity to every Parklet. This may be placed inside the restaurant.
17. Insurance
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• The permittee operating the parklet and the contractor performing the physical improvements in the public right-of-way will be required to secure a policy of broad form commercial general liability insurance by an insurer acceptable to the City. The policy shall, by endorsement, name the City of Pacific Grove, its officers, agents, employees, and volunteers as additional insured and shall protect them from claims for personal injury, death, or property damage suffered by third persons and arising out of the work performed pursuant to the permit or the manner of installation or construction. Workers’ Compensation insurance shall also be maintained to meet minimum state requirements. • The amount of liability insurance coverage shall be a minimum of $1,000,000 per occurrence and $2,000,000 aggregate or $1,000,000 aggregate if the policy separately applies to the permitted project.
G. Final decision
• Once the application has been reviewed and it meets the set criteria, an encroachment permit will be issued. If the project does not meet the criteria either a correction notice will be issued or a denial letter. If the applicant wants to appeal this decision they must follow the process set forth in Title 15.
H. LIGHTING
• Lighting is allowed and encouraged. Self-contained low-voltage systems, such as solar or batterypowered lights, are a good choice. • Lighting shall not be directed towards the roadway to unintentionally cause glare for vehicles. • Lights can be a wonderful way to create ambiance within the parklet. Lights can be installed within the parklet and over the sidewalk by incorporating a post element into your parklet design railing treatment.
• A lighting plan must be submitted with the permit request and must include specific locations of anchor points, type of wall anchors proposed for installation, size of lateral cabling, and where the electricity is being drawn from (interior of building or exterior of building) if not solar or battery operated.
• Additional detailing will be required for the proposed construction of the overhead lighting support system to show how lateral bracing is provided.
• All lighting must meet electrical code and energy code requirements. All lighting types, lighting controls and the routing of the electrical should be clearly indicated on an electrical plan. • Electrical connections - All wiring and electrical cords must be exterior rated, GFCI protected, PGCC 3-22-23 ADJOURNED FROM 3-15-23
and UL listed. Cords must not create tripping hazards on the sidewalk. If the cords cross above the sidewalk, they must provide a minimum clearance of 10 feet above the sidewalk and the platform of the Parklet. The use of adapters is prohibited. Generators are not allowed in association with Parklets.
13. FIRE PROTECTION
• Clear access must be always provided to fire hydrants and fire department connections (FDC).
Parklets and/or sidewalk dining must be placed at least 3’ from any existing fire hydrant or fire department connection (FDC). Parklets may not impede any aerial access to adjacent structures. A reduced separation from hydrants and FDCs may be approved by the Fire Marshal in areas where the orientation of the existing fire hydrant or the surrounding features reduces the access impacts that an adjacent parklet would normally create.
14. MAINTENANCE PLAN
• Permit holders are required to keep the parklet well maintained and in good repair. Permittee’s must develop a Maintenance Plan for keeping the Parklet free of debris and garbage. Parklet owners are also required to sweep the area surrounding the Parklet and keep it litter. • A Maintenance Plan must be provided describing maintenance activities intended to keep the seating area clean and inviting for the community. The plan should address maintenance, cleaning procedures, landscaping maintenance (if applicable), and pest control. • Parklets, outdoor dining, and outdoor retail areas shall be maintained free of litter, refuse, and debris.
The area shall be scrubbed and mopped to remove any food or drink stains on a daily basis by the permittee.
• The Parklet is required to be well maintained and be in good condition as outlined in the terms and conditions of the Parklet/Outdoor Dining/Outdoor Retail Permit and Encroachment Permit and License Agreement (Attachment). Parklet owners are required to develop a maintenance plan for keeping the Parklet free from debris, grime, and graffiti, and to ensure any plants remain in good health and not grown in a manner that would obstruct visibility of the adjacent travel lane and/or intersections.
• Restaurants are required to sweep the sidewalk and roadway area immediately surrounding the Parklet and to keep it litter-free. Sweeping material, garbage, and any material from the Parklet into the roadway and sidewalk are not allowed.
• The applicant is required to clean the area under the platform at least once a month. • Parklet proponents shall be responsible for all maintenance, keeping Parklets clean, ensuring drainage is maintained, no non-stormwater discharge from parklet.
15. PERMIT SUSPENSION or REVOCATION
PGCC 3-22-23 ADJOURNED FROM 3-15-23
• The applicant must always operate the Parklet in a safe and sanitary fashion. The City reserves the right to suspend or revoke the permit at any time consistent with Title 15 of the City Code.
Sample Final Site Plan
PGCC 3-22-23 ADJOURNED FROM 3-15-23
PGCC 3-22-23 ADJOURNED FROM 3-15-23
City of Pacific Grove
MASTER FEE SCHEDULE
FISCAL YEAR 2022-23
Adopted April 20, 2022
PGCC 3-22-23 ADJOURNED FROM 3-15-23
CONTENTS
General Administration (Fees Applicable to All Departments and Programs) 3 City Clerk 5
Cemetery 6
Community Development 10
Fire 19
Library 22
Lighthouse 23
Police 24
Public Works 28
Recreation 29
Sewer 33
Sewer Rate Sheet 34
PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT # GENERAL ADMINISTRATION F/Y 22-23 Fees
The City may bill for special services, such as support for special events, cleanup of hazardous materials spills, protection of public property and public safety due to unusual events. Billings may be waived or reduced by action of the City Manager.
Based on total actual
direct and indirect
costs
01-4406 Document Photocopy and Report Fees (Soft or Hard) (per page) $0.25 01-4406 Digital Production - CD, DVD, Flash drives for PRA information requests and presentations at meetings by the public (City will not allow the use of flash drives provided by the public for reasons of virus protection) Actual Cost
01-4406 Notary fees (per signature)
* Unless otherwise specified in Government Code § 8211 $15.00 per signature 01-4513 Returned check processing (per item) $25
01-4534 Credit Card Payment Processing Fee
$1.00 - $50.00 $2
$51.00 - $100.00 $3
$101.00 - $200.00 $5
$201.00 - and up @ 4% of charged amount 4% of charged amount Transient Occupancy Taxes may not be charged on a credit card 01-4406 Copy of Annual Budget or Annual Financial Report Actual Costs 01-4121 Business License Administration Fee, per License If paid by August 1 (on time payment/standard) $21
If paid after August 1 (late payment) $47
01-4674 City Hall Facility Rental Fees:
Security Deposit (SECURITY) $67
Clean-up Fee Actual Costs
Special Audio Visual Equipment Use Deposit $267
Council Chambers – first four hours of use $141
per hour after four hours $35
Forest Avenue Conference Room – first four hours $55
per hour after four hours $14
City Manager Conference Room – first four hours $111
per hour after four hours $29
01-4516 Fuel sales to outside agencies Cost + 10%
Water entitlement rights - Per Acre Foot Per Year $250,000 AFY Water entitlement rights - Per one tenth (.10) Acre Foot Per Year. $25,000 per .10 AFY Water entitlement rights 30% discount expires 06/30/23
Water entitlement rights application processing fee. $461 Tobacco Retailer License $400
3 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT # GENERAL ADMINISTRATION F/Y 22-23 Fees
FILMING FEES
Use of Public Areas for Motion Picture and Still Photography Productions (PGMC §16.64.030), Daily Fee Calculated for 100% Cost Recovery and Approved by the Administrative Services Director (May be reduced not more than 50% with City Manager approval)
Minor Film Permit This is a permit would primarily apply to still photography and really minor filming applications such as little or no crew.
This type of permit typically would only require review from Police Personnel with little to minimal involvement from other departments. $154
Mid-Level Film Permit This is a permit that would primarily apply to a major photoshoot or minor commercial filming application. It would require coordination between Police Personnel and Parks and Recreation staff for use of City property.
$523
Major Film Permit This is a permit that would primarily apply to a major commercial filming - Movies or Television shows. It could be productions that would require building stages, sites with unique environmental or location conditions; or crews with crews of 30 or more personnel. This type of application review would require significant review and input from a variety of City staff, including Police, Fire, Parks and Recreation, and Public Works. $851
Land Lease for Filming (Fee subject to negotiation; fee study and recommended baseline amounts are provided for reference, parking lots may be charged by space)
.15 / square foot per
hour
The City Manager may decrease fees set forth in this schedule if s/he determines that the cost of providing a particular service will be substantially less than the normal cost of such service or if programs or services are reduced.
The City may, at its discretion, choose to apply a late payment fee to outstanding amounts due to the City that remain unpaid thirty days after the due date. The penalty will be set at 10% of the amount owed, but no less than $25.
Min. $25
4 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT # CITY CLERK F/Y 22-23 Fees
01-4406 CLERK CERTIFICATION
Certification of Pacific Grove Residency and or Proof of Life, per person $15 per signature Certification of Documents (Per document) $15
01-4406 PUBLIC RECORDS
Copies standard 8.5" x 11", black and white
(ordinances, resolutions, campaign finance and economic statements) 0.10 per page 01-4513 ELECTIONS
Under certain circumstances, the City must collect fees as prescribed by other governing bodies, such as the Fair Political Practices Commission (FPPC). The City has no control over these fees.
Nomination Papers Filing Fee (EC Section 10228) $25
Candidates Statement Filing Set by County
Intent to File Initiative (EC Section 9202(b)) $200
Late filing fee per late day (As set forth by State) $10 01-4513 MISCELLANOUS
Administrative Records (Compilation/Creation) Actual Costs Appeal Fee (Beautification, Traffic Commission, all others not listed elsewhere) $44 Annual Subscription Service: Agenda and Minutes $29
Agenda only -
5 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # EL CARMELO CEMETERY F/Y 22-23 Fees
75-4481 CEMETERY SITE SALES
Single Burial Site, Adult $4,812
Single Burial Site, Child $2,408
Double Garden Crypt-In Ground $8,336
Urn Garden, Double-In Ground $3,596
Urn Garden, Single-In Ground $2,251
Urn Sites, Other than Urn Garden $2,438
Urn Sites–Double Other than Urn Garden $3,998
Urn Sites - Triple $4,297
Columbarium Niche (1-4 urns) $7,991
75-4482 Unit 1 – Mausoleum Single Niche $3,185
Unit 1 – Mausoleum Double Niche $6,243
Unit 1 – Mausoleum Single Crypt $15,046
Unit 2 – Mausoleum Double Niche $6,243
Unit 2 – Mausoleum Single Crypt $15,045
Unit 2- Mausoleum Double Crypt $27,604
Unit 2- Mausoleum Memorial Garden – per urn $328
75-4481 New Columbarium (1 - 4 urns) $7,991
75-4481 Memorial Wall Plaque Site $70
86-4480 ENDOWMENT CARE
Burial Site, Adult $1,139
Burial Site, Child $585
Double Garden Crypt $1,139
Urn Garden, Double $701
Urn Garden, Single $626
Urn Sites, Other than Urn Garden (In Ground, per Urn) $626 Urn Sites, Double - Other Than Urn Garden $701
Urn Sites - Triple $1,139
Columbarium Niche $765
Mausoleum Single Niche $701
Double Niche $765
Unit 2- Mausoleum Memorial Garden $128
Mausoleum Crypt $765
75-4484 LABOR CHARGES
Grounds Maintenance - One Time Fee Excluding Memorial Garden Sites and Child Sites
$1,169
Grounds Maintenance - One Time Fee for Memorial Garden Sites $293 Grounds Maintenance - One Time Fee for Child Sites $585 6 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # EL CARMELO CEMETERY F/Y 22-23 Fees
Open/Close Burial Site, Adult $1,996
Open/Close Burial Site, Child $993
Open/Close Double Garden Crypt (1st opening) $1,857
Open/Close Double Garden Crypt (subsequent opening) $1,717 Set In-Ground Marker $562
Set In-Ground Marker with Border $840
Set In-Ground Urn and Marker $854
Set In-Ground Urn and Marker with Border $1,062
Set or Remove In-Ground Vase $170
Set In-Ground Vase with Border $377
Add border to marker after original placement $562
Add border to vase after original placement $413
Remove In-Ground Urn & Marker or In-Ground Urn & marker with Border $274 Remove In-Ground Marker or In-Ground Marker with Border $338 Open Mausoleum Niche Unit 1 for inurnment $993
Place plaque or vase on Unit 1 Mausoleum Niche at inurnment $207 Place/Remove plaque or vase on Unit 1 Mausoleum Niche after inurnment $551 Replace Vase Holder (Unit 1 Niche & Columbarium) - vase holder cost plus one & one-half hour labor
$238 + Vase
Pkg
Remove Urn - Unit 1 Niche $274
Open Mausoleum Niche Unit 2 for inurnment $786
Place plaque or vase on Unit 2 Mausoleum Niche at inurnment $244 Place/Remove plaque or vase on Unit 2 Mausoleum Niche after inurnment $446 Replace Vase Holder (Unit 2 Niche, New Columbarium) – vase holder cost plus one hour labor
$170 + Vase
Pkg
Remove Urn - Unit 2 Niche $274
Open Columbarium Niche to Place Urn $1,133
Place/Remove Plaque or Vase on Columbarium niche at Inurnment $139 Place Plaque or Vase on Columbarium niche after Inurnment $621 Remove Urn - Columbarium Niche $308
Open New Columbarium Niche to Place Urn $647
Place Plaque or Vase on New Columbarium niche $170
Remove plaque or urn from New Columbarium niche $170
7 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # EL CARMELO CEMETERY F/Y 22-23 Fees
Open Mausoleum Crypt for inurnment $924
Open Mausoleum Crypt for burial $1,480
75-4484 LABOR CHARGES
Open Underground Unit 2 Mausoleum Crypt for Burial $1,758 Place Plaque or Vase on Mausoleum Unit 1 Crypt at Burial $207 Place Plaque or Vase on Mausoleum Unit 1 Crypt other than at Burial $446 Place plaque or vase on Mausoleum Unit 2 Crypt at Burial $139 Place Plaque or Vase on Mausoleum Unit 2 Crypt after Burial $601 Open Memorial Garden Site (place urn) $491
Place Plaque on Memorial Garden Site/Memorial Wall $170 Remove Urn from Memorial Garden Site $377
Remove Plaque from Memorial Garden Site/Memorial Wall $446 Remove Niche/Crypt Slug $308
Replace Cracked Mausoleum Granite Plate (Unit 1) $170 + Plate Cost
Place Cameos $170 Per Hour
Marker Rubbing $120 Per Hour
Disinter Casket, Double Garden Crypt (lower level) $1,486 Disinter Casket, Double Garden Crypt (upper level) $1,340 Disinter In-Ground Casket, Child $924
Disinter In-Ground Casket, Adult $1,340
Pallbearers – weekdays only $294
Saturday Service (4-hour minimum at overtime rate) $586 Hourly Rate (2-hour minimum)
$90 Per hour,
per staff person -
Minimum 2
staff for 2 hours
($360)
Overtime Hourly Rate (2-hour minimum)
$98 Per hour per
staff person -
Minimum 2
staff for 2 hours
($392)
75-4481 DEED PROCESSING
Deed Fee $243
Replacement Deed Fee $36
Deed Transfers, Document Processing Fee $243
CA Disposition of Human Remain permit fee $13
8 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # EL CARMELO CEMETERY F/Y 22-23 Fees
Endowment transfer fee: Upon transfer, the party transferring deed shall pay the difference between the endowment care rate paid with initial deed and the current endowment care rate.
Grounds Maintenance One-Time Fee. Upon transfer, the new site owner shall pay the one-time Grounds Maintenance Fee based on the type of burial site.
75-4481 PRODUCTS
Adult Liner, Single At Cost
Liner, Double Garden Crypt (taxable portion) (Pre-set – charge sales tax only) At Cost Child Liner, Single At Cost
Vase Package – in-ground At Cost
Vase Package – Columbarium At Cost
Vase Package – Mausoleum Unit 1 At Cost
Vase Package B58– Mausoleum Unit 2 crypts At Cost
Vase Package – Mausoleum Unit 2 niches At Cost
Vase Package – New Columbarium At Cost
Vase Holder - In-Ground At Cost
Vase Insert - In Ground At Cost
(1) The City Manager has the ability to approve a 10% resident discount on Cemetery Site sales only for a specified period of time during the year. This discount would be included in an advertisement and designed to assist with advance planning. 9 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # COMMUNITY DEVELOPMENT F/Y 22-23 Fees
01-4413 GENERAL PLAN AND ZONING AMENDMENTS
General Plan Amendment (Actual Cost – Minimum fee plus hourly fee) $5,513 General Plan Update
5% of permit fee
Zoning Ordinance Amendment (Actual Cost – Minimum fee plus hourly fee) $2,753 01-4401 SUBDIVISIONS
Tentative Tract Map - Base $2,495
Tentative Tract Map - Per Lot $302
Final Tract Map - Base + Recording Fee $2,495
Final Tract Map - Per Lot $386
Lot Line Adjustment $2,058
Final Parcel Map (plus recording fees) $2,180
Tentative Parcel Map - Base $2,180
Lot Mergers $2,073
Certificate of Compliance (Min. fee plus hourly fee if more than 12 hours required plus applicable attorney fees)
$2,073
01-4407 ENVIRONMENTAL REVIEW
Environmental Impact Report (EIR)* - This represents a deposit for staffing time for a full EIR. All staff time will be charged at the fully-burdened rate against the deposit, along with all publishing and noticing costs
50% of EIR cost
Exemption* $302
Initial Studies/Mitigated Negative Declaration* $6,699
Mitigation Monitoring $4,938
Negative Declaration Addendum $4,938
* Filing fees by external agencies not included
01-4607 Environmental Enhancement Fund (Fund 5) $2.40/sq. ft. 01-4401 USE PERMITS
Use Permit and Amendments – Single Family $1,991
Use Permit and Amendments – Multi-Family, Commercial, Institutional, all other uses (Actual cost – Minimum fee plus hourly fee)
$3,248
Interpretations of Permitted Uses Lists $1,337
Major administrative use permits $1,305
Minor administrative use permits $1,287
01-4401 ARCHITECTURAL REVIEW
Architectural Permit – Single Family $3,318
10 PGCC 3-22-23 ADJOURNED FROM 3-15-23
PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # COMMUNITY DEVELOPMENT F/Y 22-23 Fees
Administrative Variances and Amendments $1,549
01-4401 STORMWATER
Tier 3 and 4 – 15,000 square feet of impervious surface or greater (incl. 2 reviews) $1,754 Tier 2 – 5,000-15,000 square feet impervious surface (incl. 2 reviews) $1,169 Tier 1 – 2,500-5,000 square feet impervious surface $735 Each subsequent Tier 2 review $515
Inspection Fee $137
Annual Inspection and re-inspection $205
Each subsequent Tier 1 review $324
01-4401 APPEALS
Appeals of enforcement and zoning ordinance interpretations $2,652 Appeals/hearings of planning permits
25% of base
permit fee or
$1,136 whichever
is greater +
noticing costs
Request for Zoning Administrative Hearing or Decision
10% of base
permit or
$544.00,
whichever is
greater + noticing
costs
Appeal fees for Coastal Development Permits are waived. 01-4401 OVERLAY FEES
Area of Special and Biological Significance 5% of permit fees Butterfly Buffer 5% of permit fees
01-4401 NOTICING
Mailing Actual Cost
Publishing $379
12 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # COMMUNITY DEVELOPMENT F/Y 22-23 Fees
01-4401 COASTAL DEVELOPMENT PERMITS
Waiver of De Minims Development plan permit $2,338
Single Family Residence up to 1,500 square feet $2,338
Single Family Residence over 1,500 square feet $4,093
Multi-family Residential $2,839 plus $965
per unit
Commercial or Industrial up to 10,000 sq. ft. $5,847
Commercial or Industrial 10,001- 50,000 sq. ft. $11,691 Commercial or Industrial 50,001- 100,000 sq. ft. $58,458 Commercial or Industrial over 100,000 sq. ft. $116,917
Grading less than 100 cubic yards $585
Grading 101- 10,000 cubic yards $2,338
Grading 10,001- 100,000 cubic yards+B16 $4,676
Grading greater than 100,000 cubic yards $9,353
Lot Line Adjustment $2,338
Subdivision $2,338 per lot
Emergency Permit $1,754
Amendment 50% of base
permit fee
Temporary Event $2,923
Extension - Fee may be waived, if permit is subject to Water Waiting List 25% of base permit fee
01-4123 TRANSIENT USE LICENSES
Initial STR Application Review $413
Application Renewal $253
Annual License $680
Home Sharing License Annual Renewal $191
Initial Home Sharing License Application Review $349
Transient License Change or Reprint Fee $32
01-4503 CODE ENFORCEMENT
Abandonment or purchase of City property $3,514
Abandoned Property Registration Fee $223
Investigation fees, Code violations (Actual Cost) Actual Cost 01-4503 VACANT PROPERTIES
Inspection per property (min. or actual cost) $168
Registration per property $168
01-4406 COPIES
Copies, hard and soft (scanned) 0.25 per page
01-4401 MISCELLANEOUS
Certificate of Use and Occupancy $765
13 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # COMMUNITY DEVELOPMENT F/Y 22-23 Fees
County Filing Fees As determined by
County
Density bonus $2,265
General File Research $64
Hourly Fee $130
Inquiry Fee $364
Miscellaneous Project Review/Document Preparation $231
Multiple Permits for Single Family residential applications only. Highest fee no discount; all lower fees discounted 25%
For single family
applications only
Outdoor Sidewalk Dining Permit $438
Sidewalk Vendor Permit $49
Permit Extension (Fee may be waived if permit is subject to Water Waiting List) 25% of permit base fee
Pre-Application Meeting / Preliminary Project Review $269 Records Management and Retention (per file) $58
Rental Property Registration $238
Revocable License for Encroachments (plus hourly fee after 2 hours) $870 Statement of Compliance (hourly fee if more than 4 hours required) $491 Tree Permit with Development $296
Tree Permit with Development Violation $251
ABC License Review Fee $183
01-4425 ANIMAL REGULATION - KEEPING AND BREEDING PERMITS - §10 Animal Keeping Permit $182
Animal Keeping Permit Annual Renewal $44
Commercial Breeding Permit, Cats $155
Commercial Breeding Permit, Dogs $155
Incidental Breeding Permit, Cats (per litter) $77
Incidental Breeding Permit, Dogs (per litter) $77
MISCELLANEOUS SERVICES
01-4521 Tree Permit - Single Tree Removal or Single Tree Trimming $68 Tree Permit – For each additional tree removal and/or trimming $31 Tree Permit Application Fee $100
01-4207 Tree replant in-lieu fee $859
15-4701 HOUSING FEES
Rehabilitation & Sewer Loan Payoff Demand - Per Statement $127 Reconveyance Fee $193
County Recording Fee (billed by Monterey County Recorder) Actual Cost 14 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # COMMUNITY DEVELOPMENT F/Y 22-23 Fees
15-4701 HOUSING REHAB LOAN FEES (CalHOME Loan Funded Projects) Loan Processing $2,078
Underwriting $639
Property Tax Verification $64
Loan Document Preparation – SFD $375
Loan Document Preparation – Manufactured Housing $446
Inspection To Determine Scope of Work (Actual Cost) $276 Contractor Selection (Actual Cost) $276
Development of Work Write-up & Specifications (Actual Cost) $2,638 Project Bidding (Actual Cost) $1,285
Progress Inspection/Payment Authorization (Actual Cost) $138 15-4701 AFFORDABLE HOUSING MONITORING - ANNUAL FEE PER HOUSEHOLD Affordable Units (New description to include all property addresses listed above) $127 Registered Units $127
BUILDING AND PERMITTING FEES
ACCT. # PLAN CHECK
01-4203 Electrical Permit (not requiring plan check) $146 Plumbing Permit (not requiring plan check) $146
Mechanical Permit (not requiring plan check) $146
Solar voltaic system $316
Non-Structural Plan Review (hourly not included in larger project) $141 Structural Plan Review (hourly not included in a larger project) $173 01-4404
Plan review extension
$715 per 90 days
after the first 180
days
01-4203 CONSTRUCTION INSPECTION
Combination Permit:
Value up to $500.00 $135
Value of $501.00 to $2,000.00(first $500.00) $135
Plan Checking — A combination permit fee shall be payable in cases of new construction in lieu of the separate fees. A plan review fee equal to 75 percent of the fee for single-family residential projects and 90 percent of the permit fee for all other projects shall be paid at the time of submitting plans and specifications for review. Permit fees shall be based on the value of improvements as follows:
15 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # COMMUNITY DEVELOPMENT F/Y 22-23 Fees
Value of $501.00 to $2,000.00 (each additional $100.00 or fraction thereof) $11 Value of $2,001.00 to $25,000.00 (first $2,000.00) $286 Value of $2,001.00 to $25,000.00 (each additional $1,000.00 or fraction thereof) $47 Value of $25,001.00 to $50,000.00 (first $25,000.00) $1,297 Value of $25,001.00 to $50,000.00 (each additional $1,000.00 or fraction thereof)
$33
Value of $50,001.00 to $100,000.00 (first $50,000.00) $2,086 Value of $50,001.00 to $100,000.00 (each additional $1,000.00 or fraction thereof) $20 Value of $100,001.00 to $500,000.00 (first $100,000.00) $3,198 Value of $100,001.00 to $500,000.00 (each additional $1,000.00 or fraction thereof)
$16
Value of $500,001.00 to $1,000,000.00 (first $500,000.00) $10,318 Value of $500,001.00 to $1,000,000.00 (each additional $1,000.00 or fraction thereof)
$15
Value of $1,000,001.00 and up (first $1,000,000.00) $18,355 Value of $1,000,001.00 and up (each additional $1,000.00 or fraction thereof) $9 Single Permit:
Value up to $500.00 $120
Value of $501.00 to $2,000.00(first $500.00) $117
Value of $501.00 to $2,000.00 (each additional $100.00 or fraction thereof) $6 Value of $2,001.00 to $25,000.00 (first $2,000.00) $222 Value of $2,001.00 to $25,000.00 (each additional $1,000.00 or fraction thereof) $33 Value of $25,001.00 to $50,000.00 (first $25,000.00) $942 Value of $25,001.00 to $50,000.00 (each additional $1,000.00 or fraction thereof)
$21
Value of $50,001.00 to $100,000.00 (first $50,000.00) $1,508 Value of $50,001.00 to $100,000.00 (each additional $1,000.00 or fraction thereof)
$15
16 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # COMMUNITY DEVELOPMENT Proposed F/Y 22-
23 Fees
Value of $100,001.00 to $500,000.00 (first $100,000.00) $2,285 Value of $100,001.00 to $500,000.00 (each additional $1,000.00 or fraction thereof)
$11
Value of $500,001.00 to $1,000,000.00 (first $500,000.00) $7,309 Value of $500,001.00 to $1,000,000.00 (each additional $1,000.00 or fraction thereof) $10 Value of $1,000,001.00 and up (first $1,000,000.00) $12,622 Value of $1,000,001.00 and up (each additional $1,000.00 or fraction thereof) $6 The Valuation for new construction shall be the full cost (labor and materials) of the construction or a minimum of $250 per square foot (for a combination permit including plumbing, mechanical, electrical and building).
On-site storm water management plan review and inspection (assumes non-Low Impact Development; includes plan review of 1-hour and the required field inspections.)
$391
Additional fee if LID requirements or additional time required, per hour $130 Building Permits Extension
$1,197 per 90
days after
first 180 days
01-4203 OTHER INSPECTIONS AND REVIEWS
The following are minimum hourly fees. If the total cost to the City is greater than the fees shown below, the actual cost shall be recovered. This cost shall include supervision, overhead, equipment, the hourly wages and benefits of the employees involved: and reimbursement for any professional services that are directly related to the inspection or review.
Inspections outside of normal business hours (4 hour minimum) $339 Re-inspection fees assessed under provisions of CBC § 108.8 $228 Inspections for which no fee is specifically indicated including but not limited to Historic preservation inspection fees
$142
Traffic control plan review $179
Change of Street Address $179
Alternate methods of construction (hourly fee, 2 hour minimum) $359 Owner/building surcharge in addition to permit fee 20%
Electric Vehicle Charging Station - residential $264
17 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # COMMUNITY DEVELOPMENT F/Y 22-23 Fees
Electric Vehicle Charging Station - commercial $449
Temporary Occupancy $359
ASBS Stormwater Inspection Fee min. deposit (Fee calculation of 26 rainy season inspections)
$3,538
Stormwater Annual Post-Construction BMP Inspection $205 Additional plan review due to changes/additions/revisions to approved plans per hour (1/2 hour min.)
$110
01-4404 Wireless Encroachment / Public Right of Way Permit. $502 01-4203 Grading Inspection (hourly fee, 1-hour minimum) $110 Grading Plan Checking (hourly fee, ½-hour minimum) $110 01-4203 Excavation Review/Inspection (except utility companies) $276 Residential Zoning Records Report (RZRR) & Sewer Lateral Report (combined) $346 Sewer Lateral Report Review $147
Investigative fee for work without proper City permits
Cost equal to the
permit cost plus
staff time to
investigate
01-4203 Excavation and Inspection Services
Inspections for which no fee is specifically indicated (per hour with a ½-hour minimum)
$130
Encroachment permit: street opening/excavation $249
Encroachment permit: driveway $257
Encroachment permit: sidewalk $170
Encroachment: temporary (e.g., building construction requiring scaffolding in Rightof-Way$257 Encroachment permit: permanent underground (e.g. utility line) $257 Encroachment permit: permanent above ground (e.g. retaining wall, fence, etc.) $257 Encroachment permit, annual charge for permanent above-ground encroachment (e.g. retaining wall, fence, etc.)
$3.55/ sq. ft.
Encroachment permit hourly processing fee, if more than 2 hours review or inspection required.
$130
Annual encroachment permit (Encompasses up to 40 utility openings per year) $9,259 18 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # FIRE F/Y 22-23
Fees
FIRE PREVENTION
01-4436 Fire Inspection/Permit Required Due to Materials, Processes, or Occupancies Engine Company Inspections (internal inspection) No Charge Engine Company Inspections - First re-inspection No Charge Engine Company Inspections - Subsequent re inspections $98 Fire Prevention Bureau Inspections -initial inspection No Charge Fire Prevention Bureau Inspections - First re-inspection No Charge Fire Prevention Bureau Inspections - Second re-inspection $108
Fire Prevention Bureau Inspections - Third re-inspection $217 Fire Prevention Bureau Inspections - Fourth & each re-inspection $542 Annual Day Care Inspection (Six or more children) $71
Community Care Facility Inspections
Pre-Inspection Fee < 25 Occupants $155
> 25 Occupants $265
Fire Clearance Fee 7 – 50 Occupants $155
> 50 Occupants $265
Annual Inspection Fee 7 – 50 Occupants $155
> 50 Occupants $265
High Rise Inspection $1,095
Fire Plan review and inspections, trade show set-up review $71 Fire hydrant flow test (per hydrant) $82
Fireworks permit $204
Special Event Tent/Canopy permit < 200 square feet (during regular business hours; after hours inspection fees vary based on overtime rates) 400 - 1,000 square feet $152
1000 – 2,000 square feet $210
>2,000 square feet $265
Unauthorized Work Double Permit
Fee
Unauthorized Occupancy $108
Fire Department Review of Building Plans, Residential
10% of
Building Plan
Check Fee
19 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # FIRE F/Y 22-23
Fees
Fire Department Review of Building Plans, Commercial
20% of
Building Plan
Check Fee
Project Consultation Fee Fully Burdened
Cost
Expedited Plan Checks Fully Burdened
Cost
Fire Service Underground systems: Plan Check/Inspection/Flush (includes plan review, inspection, permit approval, Flush system)
$1,095
Fire Sprinkler System Plan Review Fee - Internal $0
Plan Review & Inspection (1-5 heads) in-house review $465 Plan Review & Inspection (6-180 heads), in-house review $885 Plan Review & Inspection (>181 heads), in-house review $885 Fire Protection System Plan Check Fees-Automatic Fire Sprinkler System > 180 Heads (external review), i.e. new system
$714+
contractor cost
Fire Sprinkler System Plan Review Fee (External) $465 + contractor cost
Fixed Fire Extinguishing Systems (Hood & Duct, Spray Boot and Clean Agent) — New System
$885
Fixed Fire Extinguishing Systems (Hood & Duct, Spray Boot and Clean Agent) — Alerations, relocation, or addition
$570
Fire Alarm System Review $658
Fire Alarm System Review – (external review) Variable
Liquid Petroleum Gas (LPG) Installation, Review & Inspection $255 Medical Gas Review & Inspection $255
Special Events Stand-By (Fire) Actual Costs
Hazardous Materials Response Actual Costs
01-4502
Penalty if appointment is made for a system test or inspection and contractor/developer (or their representative) is not ready and did not call to cancel/reschedule.
Actual Costs
DUI Response Fully Burdened
Cost
ADMINISTRATIVE ACCOUNTS
Fire Alarm System False Alarm Response
20 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # FIRE F/Y 22-23
Fees
01-4439 First call in 12-month period - No charge $0
Second call in 12-month period $21
Third call in 12-month period $33
Fourth call in 12-month period $65
Fifth call in 12-month period $108
6th and all subsequent calls $542
01-4439 Vehicle Rates - Based on CA Office of Emergency Services (OES) Rates (updated by the OES annually) – Charged per incident (Rates updated to reflect OES rates) Sedan $119
Pickup/Utility $135
SUV $194
Van $191
Other-Rescue) – ¾ ton and above $224
POV (Privately Owned Vehicle) Rate per mile $0.585
Apparatus GPM Hourly Rates:
1 – 1,000 (E6433) $127
1,501 – 2,000 (T 6474) $140
HYPERBARIC CHAMBER
04-4609 Carbon Monoxide Treatment $1,127
Standard Hyperbaric Treatment for Decompression Illness (first 5 hours) $6,323 Standard Hyperbaric Treatment Extensions (per each 75 minutes of extended treatment)
$598
Facility Use Fee - Per Hour - In lieu of Treatment Fees (First hour) $1,265 Fees not paid within a reasonable period of time will be subject to the City’s late payment fee. Min. $25
21 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # LIBRARY F/Y 22-23 Fees
01-4455 OTHER FEES AND RENTALS
Photocopies (per black & white copy) $0.15
Photocopies (per color copy) $0.25
Computer printout (per page) $0.15
01-4455 CARD REPLACEMENT
Replace borrower’s card $3
01-4455 LOST /DAMAGED MATERIAL REPLACEMENT/REPAIR
Re-cataloging/processing charge for lost book or recording $3 Charges for lost or damaged items will be made at "Cost, replacement price " as listed in the item record of the Koha Library Catalog. Actual Cost 22 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # POINT PINOS LIGHTHOUSE F/Y 22-23
Adult Fees
F/Y 22-23
Children 7-17 Fees
01-4451 Pt. Pinos Lighthouse Entrance Fee (Suggested
Donation) $5 $2
Private Lighthouse Tour Fee (Tours organized by
schools and non-profit entities are not subject to
Lighthouse Fees.)
$135 based on 2 hour
fully burden rate of
one staff memeber
cost + admission fees
based on participants
23 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # POLICE F/Y 22-23 Fees
01-4426 PARKING ENFORCEMENT, MUNICIPAL CODE VIOLATIONS
14.08.010 Parking on ice plant $48
14.12.010 Parking on golf course $268
14.12.020 Violation to turf – Golf Course/Park $64
16.12.055 Tamper with chalk marks $125
16.32.130 Parking on park grounds $48
16.40.030 Storing vehicle on street $48
16.40.040 Storing vehicle on street - Removal by Police $125
16.40.045 Overnight Parking of Oversize Vehicles or Trailers (10pm-5am) $48
16.40.050 Parking for repair $48
16.40.060 Parallel parking $48
16.40.070 Parallel parking, one-way street $48
16.40.080 Parallel parking, one-way roadway $48
16.40.110 Angle Parking $48
16.40.130 Angle Parking/12” from barrier $48
16.40.160 Parking Adjacent to Schools - Sign Compliance $48
16.40.170 Parking On Narrow Streets $48
16.40.185 Parking on North Side of Mermaid Avenue $48
16.40.190 Failure to Set Parking Brake $91
16.40.200(b) Parking Within 20’ of Intersection $48
16.40.260 Temporary No Parking $48
16.40.210 Peddlers, vendors - Unlawful Parking $48
16.40.280 City Lots, Angle Parking $48
16.40.290 City Lot, Use of Single Space Only $48
16.40.300 City Lots, Reserved Spaces $48
16.40.360(a) No Parking – Red Zone $48
16.40.360(b-d) Curb markings – yellow/white/green $48
16.40.360(f) Handicapped Zone $350
16.40.430 Blocking Alley $48
16.40.500 Bus Zone $48
16.40.510-535 Overtime Parking or Evasion of Parking Restrictions $48
16.40.540 Parking in Business District $48
16.40.550 No Parking Anytime $48
16.40.555 No Parking Certain Hours $48
16.40.560 No Parking 4 am-6 am $48
16.40.575 Parking - Commercial Vehicle in Residential 2:00 AM to 4:00 AM $48
16.40.580 Parking, Over Marked Space $48
16.40.585 Parking in Privately Owned Lots $48
16.40.610 Displaying Vehicle for Sale $48
16.41.040 Resident Parking $48
24 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # POLICE F/Y 22-23 Fees
16.42.100(a) Meter Violation – expired $48
16.68.020 No tour bus parking $268
16.68.030 Parked bus with engine running $268
18.36.030 House Cars on Private Property $48
18.36.040 House Cars on Streets /Public Property $48
01-4501 5200 (a) No Front Plates $48
5204 (a) No Current Tab Displayed $48
4000 (a) Expired Registration $48
21211 (b) Parking in bicycle path $48
2500.1 Parked in Fire Lane $125
22500(a) Parking in intersection $48
22500(b) Parking in crosswalk $48
22500(e) Parking driveway $48
22500(f) Parking on sidewalk $48
22500 (g) Obstructing Traffic $48
22500(h) Double parking $48
22500 (i) Blocking Wheelchair Access $350
22502(a) Parking more than 18” from curb or on wrong side of roadway $48 22505 (e) (1) Parked Wrong Way on One Way $48
22507.8(a) Unauthorized parking in Handicapped zone $350 22507.8 (c) (2) Parked in Crosshatched Portion of Disabled Space $350 22514 Park, stop or leave vehicle within 15 feet of Fire hydrant $48 22515 Unattended Vehicle with Engine On $48
01-4502 Parking Citation Late Fee (If Not Paid or Contested within 21 Days) $25 01-4502 Correctable Code Violation - Admin Fee $10
01-4502 MUNICIPAL CODE VIOLATIONS
Municipal Code Violation - 1st Violation $100
Municipal Code Violation - 2nd Violation within 1 year $200 Municipal Code Violation - Each Additional Violation within 1 year $500 Municipal Code Violation Late Fee (If Not Paid or Contested within 30 Days) $25 01-4204 ANIMAL REGULATION — DOG LICENSES - PGMC § 10.04.010 Annual Dog License Fee, Altered Dog $22
Annual Dog License Fee, Unaltered Dog $50
Dog License, Delinquent Penalty (after 30 days) $26
Dog License, Replacement Tag $10
01-4425 ANIMAL REGULATION - IMPOUND FEES - PGMC § 10.04.100 Impound Fee (Initial Impound) Licensed & Altered No Fee Impound Fee (2nd & Subsequent) Altered $85
25 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # POLICE F/Y 22-23 Fees
Impound Fee (Initial Impound) Unaltered $85
Impound Fee (2nd & Subsequent) Unaltered $171
Boarding Fee, per day PG Kennels $41
Boarding Fee, transported to SPCA $172
ALARM REGISTRATION & RESPONSE
01-4429 Alarm Registration $36
Alarm Renewal (within 30 Days of Alarm Permit Expiration Date) $5 01-4504 False Alarm - First Response - Unpermitted Alarm $143 False Alarm - First Response No Fee
False Alarm - Second Response $61
False Alarm - Third Response $171
False Alarm - Fourth Response $283
False Alarm - Fifth and Subsequent Response $397
Duress/Panic/Robbery Alarm Violation $341
Late Fee (if not paid within 30 days) $27
01-4502 ADMINISTRATIVE AND MISCELLANEOUS
Accident Report, Compilation and Copying (per report) $10 Booking Fee $30
Clearance Letter – No Record on File $35
Clearance Letter – Record on File $46
Crime Report, Compilation and Copying (per report) $11
Information Report, Compilation and Copying (per report) $5 Evidence Video Reproduction $43
Fingerprint Processing (Live Scan administration) $30
Removal of Traffic Boot $134
Repossession Receipt $16
Sign-off of tickets by other agencies $17
Vehicle Release Fee $227
01-4205 PARKING PERMITS & FEES
Contractor’s Parking Permit, Monthly $42
Parking Meter Rate per Hour $2
Public Parking Lot Permit Processing, Delinquency Penalty $27 Public Parking Lot Permit, Annual $386
Public Parking Lot Permit, 12-Month, TRANSFERABLE $491
Public Parking Lot Permit, Monthly $42
26 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # POLICE F/Y 22-23 Fees
Residential Parking Permit Processing, per permit, Annual $11 Temporary Overnight Parking Permit Program - Initial Residential Registration $25 Temporary Overnight Parking - 72 Hour Resident Permit $4 Temporary Overnight Parking Permit - Weekly - Exemption $95 Temporary Overnight Parking Permit - Annual - Exemption $397 Timed Space - Daily $5
01-4421 POLICE RESPONSE - DUI, Peace Disturbance, Social Hosting, & Special Events
Police Commander Hourly Rate $210
Police Sergeant Hourly Rate $201
Police Officer Hourly Rate $177
Police Services, Animal Control & Parking Enforcement Community Service Officer Hourly Rate
$149
Patrol Vehicle Hourly Rate $61
01-4201 MISCELLANEOUS PERMITS & DEPOSITS
Amplified Sound Permit $85
Drone Permit Fee - Daily $22
Drone Permit Fee - Annual $83
Firearms Storage: Administrative Release Fee $425
Garage Sale Permit Processing $10
Massage Permit $25
Refuse Container or Storage Container Permit $56
Refuse Container or Storage Container Permit Renewal/Extension $29 Transportation of Large Structure deposit – variable fee based on size/type of structure - unused portion to be reimbursed
$214
Transportation of Large Structure permit – per structure $609 27 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # PUBLIC WORKS FEES F/Y 22-23 Fees
01-4445 MISCELLANEOUS FEES
Requested Special Traffi Review (Personnel time to be charged based on time and hourly rate)
Charged at hourly rate
per contract
Banner Installation and Removal (Downtown Street Lights) per pole $45 Memorial Bench (1) Fee represents labor costs associated with installing the bench. Materials for bench are charged at the additional actual cost. $428
Memorial Bench maintenance (5 years) $552
Memorial Tree Fee represents labor costs associated with the planting the tree. Tree to be charged at cost. This cost will be in addition to the labor fee.
$997
Tree Permit violation (minimum $200 or cost of tree replacement or $1,000)
Min. $208
Annual Solid Waste Exemption Application $92
Trash receptacle left on sidewalk/street Violation PGMC 9.16.030 $88 Tree Appeal $225
Newsrack Annual Application Fee $58
Newsrack Program Fee Half Rack $38
Newsrack Program Fee Full Rack $80
Electrical Vehicle Charging Stations Equivalent to PG&E Peak Demand Rate
(kWh) for Business
Electric Vehicle Rate
Plans, BEV-1
01-4445 Equipment Use Charges
(when responding to emergencies on private property)
Current FEMA Schedule of Equipment Rates
https://www.fema.gov/media-library/assets/documents/136901 (Personnel to be charged based on time and hourly rate) Standard size barricade, each per day ($100 deposit required) $3 Four-foot delineator, each per day ($100 deposit required) $4 Eight-foot barricade, each per day ($100 deposit required) $11 18-inch traffic cone, each per day ($100 deposit required) $3 24-inch traffic cone, each per day ($100 deposit required) $3 Temporary Directional Signage Per Day $3
Temporary Parking Signage Per Day $2
(1) The Memorial Bench is charged at the listed fee, plus the actual cost of the bench. 28 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # RECREATION
FY 22-23
Resident/ NonProfit
F/Y 22-23 NonResident /
Commercial
01-4467 PRE-SCHOOL (MONTHLY FEES)
2 Days Per Week $188 $207
3 Days Per Week $296 $328
5 Days Per Week $482 $536
01-4462 YOUTH SPORTS $94 $103
01-4463 PROGRAMS
Full Day Youth Camp (5 day week) $188 $207
Full Day Youth Camp (4 day week) $150 $167
Full Day Youth Camp (3 day week) $111 $124
Daily Drop-In (per Day) $43 $47
01-4462 YOUTH CENTER PROGRAM
Membership (per Semester) provides free daily admission & discount at Dances $76 $76 Membership (for the School Year) provides free daily admission & discount at Dances
$129 $128
Daily Admission $2 $2
Dance Admission $10 $10
01-4467 SWIMMING (during the Summer Season)
Progressive Swim Lessons, 8 class sessions, per child $78 $88 Private Swim Lessons, per class, per child per 20 minute lesson $36 $41 Semi-private Swim Lessons, per class, per child (2 students required) per 20 minute lesson Group Swim Lessons
$20 $22
Recreational Swimming: Lovers Point, (After Lessons - 2:30 - 4:30) MondayThursday$3 $3 Recreational Swimming: Lovers Point, (during full-day offering noon - 4:30) mostly Friday, Saturday, Sunday & Holidays
$5 $6
Family Card (50 Lovers Point Swims Monday-Thursday, or 25 Lovers Point Swims on Fri, Sat, Sun & Holidays) $85 $95
Private use of swimming pool (rental fee per hour) Subject to Rental Policies $107 $180
01-4462 OTHER PROGRAMS, CONTRACTUAL AGREEMENTS
Contractual Agreements for Recreational Programs in Facilities and Parks Contract Contract Adult Contract Recreation Programs Contract Contract
Youth Special Trips/Excursions (85% of cost) Contract Contract The City Manager or his designee may reduce Recreation fees based on unanticipated reductions in activity days/hours.
29 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # RECREATION
FY 22-23
Resident/ NonProfit
F/Y 22-23 NonResident /
Commercial
01-4670 FACILITY RENTAL
Programs, activities, or events that are co-sponsored by the Pacific Grove Recreation Department and non- profit recreation organizations are not subject to facility rental fees. The City also does not charge facility rental fees for official City of Pacific Grove activities and those of any other public agency that has a reciprocal use arrangement with the City.
Picnic Facility Reservation Permit: Caledonia, George Washington, Arnett Park, and similar Picnic Facilities
1 – 50 persons 39 66
51 + persons 94 163
Court Reservation Fees: Volleyball, Basketball, Tennis and Pickleball $21 $39 Parks/Facilities Reservable (under Contract) w/ Liability Insurance Contract Contract Community Center, Lebeck Room (2 hr. minimum rental) $111 $196 Community Center, Lebeck Room – Security Deposit $531 $531 Community Center, Kuwatani/Scout Room per hr. (Minimum of 2 hours) $38 $65 Chautauqua Hall Facility 2 hr. minimum rental) $428 $748 Chautauqua Hall Facility – Security Deposit $531 $531
Youth Center (2 hr. minimum rental) $111 $196
Youth Center Meeting Room $38 $65
Little House at Jewell Park $18 $33
Lovers Point Park – Per Hour Fee for 1 – 100 Persons (Special Events or Special Use)
$174 + $196
Damage Deposit
$303 + $196
Damage Deposit
Lovers Point Park – Per Hour Fee for Over 100 Persons (Special Events or Special Use) $364 $364
Lovers Point Wedding or Staging Area; Berwick Park, Jewell Park, Pt. Pinos Lighthouse and Elmarie Dyke Gazebo reservation fee per hour. (Minimum 2 hours Min.)
$179 + $197
Damage Deposit
$333 + $196
Damage Deposit
Recreation Trail Rental Fee Per Hour for 1 – 100 Persons $181 $181 Recreation Trail Rental Fee Per Hour for over 100 Persons $364 $364 30 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # RECREATION
FY 22-23
Resident/ NonProfit
F/Y 22-23 NonResident /
Commercial
01-4670 MUNICIPAL SOFTBALL PARK RENTAL POLICY
Daily Use $214 $373
Field Use, Per Hour $31 $53
Lights per hr. $27 $27
Staff, Per hour Fully burdened
rate Fully burdened rate
Restrooms (Previously charged under other Class rates) No charge No charge Deposit on daily rate (same as prior Class II, Class III, Class IV) $178 $178 01-4462 MISCELLANEOUS RECREATION FEES & CHARGES
Transfer Fee (transfers between classes and/or sessions) $5 $5 Refund Processing Fee (if within written time frame) 25% of refund 25% of refund
SPECIAL EVENT FEES
Application fee per event – Minimal Impact Events $25 $25 Application fee – Events with 1 – 999 participants $219 $219 Application fee – Events with more than 1,000 participants $800 $800 01-4462
SPECIAL EVENT INSURANCE PREMIUMS (Note: This is a pass through of rates charged to the City by insurance carrier, so fees will change as premium rates change)
All private parties, wedding receptions, anniversaries, and events with or without alcohol or admissions fees Cost + 10% Cost + 10%
Note: If insurance is provided by the event holder, the City requires $2,000,000 coverage per event and the City must be named as Additional Insured under the policy.
Programs, activities, or events that are co-sponsored by the Recreation Department and a civic, community, or local organization are not charged Softball Park Rental rates. The City also does not charge facility rental fees for official City of Pacific Grove activities and those of any other public agency that has a reciprocal use arrangement with the City. Fees for direct costs, such as staffing and utilities are charged to these entities.
HOLIDAYS
Rental facilities will not be available on the following days: New Year’s Eve, New Year’s Day, Martin Luther King Day, President’s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day and the day following, Christmas Eve and Christmas Day.
RESERVATIONS
31 PGCC 3-22-23 ADJOURNED FROM 3-15-23
3. All senior citizen nutrition programs serving Pacific Grove residents are exempt from rental fees and charges.
4. To the fullest extent permitted by law, all renters shall indemnify, defend, and hold harmless the City, its elected officials, officers, agents, and employees, both severally and collectively from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable
attorneys’ fees), howsoever the same may be caused, except in cases of City’s sole negligence, resulting directly or indirectly from or arising out the negligence or willful misconduct of the renter, its employees, agents, subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable with respect to the performance of this Agreement and without limiting the generality of the foregoing, the same shall include: (1) bodily injury, (2) death to any person or persons or, (3) injury to or destruction of tangible and/or property including that of the City, whether direct or consequential including the loss of use resulting therefrom. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity, which would otherwise exist as to any party or person described herein. The City, at its sole option, may choose to provide all or a portion of the defense of claims, damages, losses, liability, costs, and expenses as set forth above, and in such event, the renter shall indemnify and hold harmless the City from the costs and expenses, including attorney’s fees, of such defense.”
5. Official Pacific Grove youth groups, under 18 years of age, will be allowed to use City facilities as Class I (no charge), scheduled at a time when a supervisor is on duty, with the approval of the City Manager, for activities on a space available basis. Examples of qualified users would be the PONY Baseball League, Pop Warner league, Girl Scouts, Boy Scouts, Cub Scouts and Brownies.
6. If the person or organization imposes a cover charge, sells alcoholic beverages, or otherwise comes under the jurisdiction of the State Department of Alcoholic Beverage Control, the City must be provided with evidence of a valid license from the State Department of Alcoholic Beverage Control.
2. All renters of City facilities shall complete a rental application and have it on file with the Recreation Department. City facilities may not be sublet without the express authorization of City.
No verbal reservations will be accepted. Facility is not reserved until all fees have been paid and a contract has been executed. All reservations will be made on a first-come, first-served basis at a maximum of six months and a minimum of 10 working days prior to use. Cancellations result in loss of deposit and insurance fees. No refunds if cancelled within 10 business days of event. Park fees allow for a two-hour time block; deposit refund to be made within thirty days following event if City determines no damage resulted from usage.
RENTAL POLICIES
1. The City may require appropriate deposits or extra payments for special charges id
32 PGCC 3-22-23 ADJOURNED FROM 3-15-23
ACCT. # SEWER SERVICE CHARGES AND CONNECTION FEES F/Y 22-23 Fees
76-4471 Sewer Service Charge 6 Year Sewer Rate
Chart Attached
76-4470 Sewer Connection Fee
85% of fee charged
by
M1W
33 PGCC 3-22-23 ADJOURNED FROM 3-15-23
Description Units 7/1/2019 7/1/2020 7/1/2021 7/1/2022 7/1/2023 7/1/2024 Business/Gov't Location/Each Business $47.26 $48.48 $49.76 $51.06 $52.40 $53.78 Residential-Vacant Each Living Unit $20.40 $20.94 $21.49 $22.05 $22.63 $23.22 Residential Each Living Unit $61.20 $62.82 $64.46 $66.14 $67.88 $69.66 Residential/Apartments Each Living Unit $61.20 $62.82 $64.46 $66.14 $67.88 $69.66 Residential/Apartments- Each Living Unit $20.40 $20.94 $21.49 $22.05 $22.63 $23.22 Condominium Each Living Unit $61.20 $62.82 $64.46 $66.14 $67.88 $69.66 Condo/Retirement Each Living Unit $61.20 $62.82 $64.46 $66.14 $67.88 $69.66 Minimum/Vacancy Location/Each Business $20.40 $20.94 $21.49 $22.05 $22.63 $23.22 Motel/Hotel Each Room $26.56 $27.26 $27.96 $28.70 $29.46 $30.22 Bed & Breakfast Inn Each Room $17.50 $17.96 $18.42 $18.92 $19.40 $19.92 Supermarkets Location $258.14 $264.90 $271.84 $278.98 $286.28 $293.78 Medical Office Each Licensed Physician $63.16 $64.82 $66.52 $68.26 $70.06 $71.88 Dental Office Each Licensed Dentist $87.10 $89.38 $91.72 $94.14 $96.60 $99.12 Rest Home/Convalescent Capacity $17.50 $17.96 $18.42 $18.92 $19.40 $19.92 General Hospital Capacity $103.64 $106.34 $109.14 $112.00 $114.92 $117.94 Animal Hospital Business $115.32 $118.34 $121.44 $124.62 $127.90 $131.24 Restaurant 1 meal/day Each Restaurant Seat $2.26 $2.32 $2.38 $2.44 $2.50 $2.56 Restaurant 2 meals/day Each Restaurant Seat $3.54 $3.64 $3.72 $3.82 $3.92 $4.04 Restaurant 3 meals/day Each Restaurant Seat $6.78 $6.96 $7.14 $7.34 $7.52 $7.72 Restaurant with Bar Each Restaurant Seat $6.78 $6.96 $7.14 $7.34 $7.52 $7.72 Bar Location/Each Business $102.66 $105.34 $108.10 $110.94 $113.84 $116.82 Nightclub Location/Each Business $307.68 $315.74 $324.00 $332.50 $341.20 $350.14 Takeout Food - Small Location/Each Business $114.66 $117.66 $120.74 $123.90 $127.14 $130.48 Takeout Food - Medium Location/Each Business $282.08 $289.48 $297.06 $304.84 $312.82 $321.02 Takeout Food - Large Location/Each Business $514.34 $527.82 $541.64 $555.84 $570.40 $585.34 Bakery Location/Each Business $92.98 $95.42 $97.92 $100.48 $103.12 $105.82 Theater Per Screen @ Each $152.54 $156.54 $160.64 $164.86 $169.18 $173.60 Bowling Center Location/Each Business $464.14 $476.30 $488.78 $501.58 $514.74 $528.22 Gym Per 500 members $47.26 $48.48 $49.76 $51.06 $52.40 $53.78 Mortuary Location/Each Business $125.36 $128.64 $132.02 $135.48 $139.02 $142.68 School (Minimum) Student Population $47.26 $48.48 $49.76 $51.06 $52.40 $53.78 School (Grades 0-6) Student Population $0.66 $0.68 $0.70 $0.72 $0.74 $0.76 School (7-College) Student Population $1.28 $1.30 $1.34 $1.38 $1.42 $1.46 Boarding School Student Population $12.96 $13.30 $13.66 $14.02 $14.38 $14.76 Instructional Facility Student Population $47.26 $48.48 $49.76 $51.06 $52.40 $53.78 Church Per 100 members $47.26 $48.48 $49.76 $51.06 $52.40 $53.78 Photo / Laboratory / Per 10 employees $47.26 $48.48 $49.76 $51.06 $52.40 $53.78 Service Station/Garage Location/Each Business $45.36 $46.54 $47.76 $49.02 $50.30 $51.62 Paint and Body Shops Per 10 employees $47.26 $48.48 $49.76 $51.06 $52.40 $53.78 Dry Cleaner Location/Each Business $156.46 $160.56 $164.76 $169.08 $173.52 $178.06 Laundromat Each Washing Machine $41.12 $42.20 $43.32 $44.44 $45.62 $46.80 Special User [2] Individual Determination NA NA NA NA NA NA Sewer Rate Bimonthly City of Pacific Grove Portion ONLY (effective dates) 34 PGCC 3-22-23 ADJOURNED FROM 3-15-23
Agenda No. 12 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Katie Clark, Recreation Manager
MEETING DATE: March 15, 2023
SUBJECT: Pacific Grove Summer Lights Special Event
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Approve Pacific Grove Summer Lights for inclusion in the 2023-2024 Special Events Calendar; Approve Pacific Grove Summer Lights as a City Sponsored Event and waive the fees for City staff support and equipment/facility usage
2. DISCUSSION
The Recreation Board reviewed the 2023-2024 Special Events Calendar at their meeting on January 26, 2023. They made a recommendation for City Council to approve all events on the calendar except for Pacific Grove Summer Lights. They asked the event organizers, the Pacific Grove Youth Ambassadors, to return to the next Recreation Board meeting with a presentation that would provide a timeline of events, an example and explanation of the laser light show, and a revised list of City services needed to run the event. City Council then reviewed the 2023-2024 Special Events Calendar at their meeting held on February 15, 2023. At this meeting, City Council approved the 2023-2024 Special Events Calendar without the inclusion of Pacific Grove Summer Lights.
Following these meetings, City staff met with the event organizers for Pacific Grove Summer Lights to discuss the requested information and narrow down the scope of required City services. A timeline of events and more detailed explanation of activities was provided for City staff to review. The event organizers also informed City staff that they are no longer pursuing the laser light show and have replaced it with a proposal for a projection show. The projection show will project images on panels set up on the pier. With this new information, City staff were able to narrow down the scope of City services required to safely and successfully run this event. Street closures were reduced from multiple streets and intersections to only the triangle parking area at the end of Lovers Point Park to allow for food vendors. The replacement of the lightshow and reduction of street closures greatly reduces the services and time required by Police and Public Works. City staff presented the updated application information along with the requested City services and associated costs to the Recreation Board on February 23, 2023. This was followed by a full presentation by a youth member of the Pacific Grove Youth Ambassadors. Several other youth members and adult members of this organization were also present to provide support and answer questions. The Recreation Board voted to recommend this event to City Council for inclusion in the 2023-2024 Special Events Calendar as a City Sponsored Event.
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OPTIONS
Do not approve Pacific Grove Summer Lights for inclusion in the 2023-2024 Special Events Calendar.
1. 2. Provide alternate directions.
FINANCIAL IMPACT:
It is anticipated that the event will need 5 Police Officers for 10 hours each to assist with safety and traffic control. 3 Public Works employees will be required for 10 hours each to set up and break down no parking signs, barricades, and assistance with event related park and pier usage items. The total estimated staffing cost for the Police is $12,199.00 and Public Works is $2,952.90. Park usage fees and permit fees will be an estimated $4,800.00. The total cost of this event would therefore be an estimated $19,951.90. If approved as a City Sponsored Event, then the total amount to be subsidized by the City to run this event would be $15,151.90 with the remaining fees for facility/equipment usage and permit fees waived per City Council Special Event Policy 900-1.
GOAL ALIGNMENT: Not Applicable.
Attachments
Special Events Calendar
Special Events Budget Estimate
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Agenda No. 12 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Brian A. Pierik, City Attorney
MEETING DATE: March 15, 2023
SUBJECT: Resolution Amending Council Policy 000-9 to Add a Section Regarding Use of Electronic Communication Devices During City Council Meetings CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Motion to adopt Resolution Amending Council Policy 000-9 to Add a Section Regarding Use of Electronic Communication Devices During City Council Meetings.
DISCUSSION
On January 18, 2023, Councilmember Luke Coletti presented an Agenda Report to the City Council regarding the Use of Electronic Communication Devices During City Council Meetings.
On January 18, 2023, the City Council requested changes to the proposed amendment to Policy 000-9 and voted to direct the City Attorney to prepare a Resolution Amending Council Policy 000-9 to Add a Section Regarding Use of Electronic Communication Devices During City Council Meetings.
Attachment 2 to this Agenda Report is a proposed Resolution Amending Council Policy 000-9 to Add a Section Regarding Use of Electronic Communication Devices During City Council Meetings. This Resolution includes changes that were requested by the City Council at its January 18, 2023 meeting.
OPTIONS
1. Provide other direction.
2. Take no action.
FINANCIAL IMPACT:
There is no fiscal impact.
GOAL ALIGNMENT: Not Applicable.
Attachments
2 - Proposed Resolution Amending Council Policy 000-9
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